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Patna High CourtCR. MISC./77619/2024allowed

Surendra Yadav v. The State Of Bihar

2024-11-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77619 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Surendra Yadav Son of Gudul Yadav Resident of Village- Belaghat Mahuli, P.S.- Ara Muffasli, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard Mr. Rajani Ranjan Pd. Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506, 448, 354, 379,34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have abused and assaulted the informant's side brutally by means of deadly weapons due to which they have sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.77619 of 2024(2) dt.20-11-2024 2/3 allegation levelled against the petitioner is totally false and based on concocted facts. He has no concern with the alleged occurrence. As per FIR, there is specific allegation against coaccused Abhishek Yadav and Birendra Yadav to assault the informant brutally by means of iron rod with an intention to kill him due to which injured Ramesh Yadav (informant) has sustained grievous injury. It is further submitted that both the parties are neighbours and there is case and counter case between them. Both sides have sustained injuries in the alleged occurrence. From bare perusal of the impugned order, it is clear that no one has sustained grievous injury except informant. Learned counsel further submits that nothing specific has been attributed against this petitioner. He has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since grievous injury is not attributed to this petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court

Patna High Court CR. MISC. No.77619 of 2024(2) dt.20-11-2024 3/3 below where the case is pending/successor Court in connection with Ara Muffasil P.S. Case No. 107 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T