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Patna High CourtCR. MISC./79758/2024allowed

Surya Dev Yadav @ Surya Dev Kumar v. The State Of Bihar

2024-11-28Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79758 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Surya Dev Yadav @ Surya Dev Kumar Son of Ramji Rai Resident of VillageBhakura, PO- Lauhar Farana, PS- Arrah (Muffasil) Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Arrah (Muffasil) P.S. Case no. 155 of 2024 instituted for the offence under Sections 341, 323, 354, 307, 504, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with others assaulted the family members of the informant. The specific allegation against this petitioner is that he knocked down Mamta Kumari with mala fide intention and assaulted on her private part with the 'butt' of the gun.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that

Patna High Court CR. MISC. No.79758 of 2024(2) dt.28-11-2024 2/2 there is case and counter case between the parties. Petitioner is having four criminal antecedent regarding which learned counsel for the petitioner has submitted that one co-villager, namely, Ram Naresh due to land dispute files cases against the petitioner and the informant as well. Further submission is that the informant and the petitioners are 'gotia'.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Arrah Muffasil P.S. Case no. 155 of 2024 , he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VII, Arrah, Bhojpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T