Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65298 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -SARSI District- PURNIA ======================================================

1. Shankar Yadav, S/o Kamaldev Yadav, Resident of Village- Kachhari Balua Tola Rahika, P.S.- Sarsi, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the garb of lending and borrowing money, an altercation took place between the parties. Allegedly, the accused persons confined the son of the informant and was dragging him towards the canal. On protest, the accused persons assaulted the son of the informant with Dabiya on his head.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.65298 of 2018 (2) dt.26-10-2018 tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rohit Kumar, learned Judicial Magistrate-Ist Class, Purnea in connection with Sarsi P.S. Case No. 77 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T