Chhotan @ Lulha Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82223 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- PANDARAK District- Patna ====================================================== Chhotan @ Lulha Yadav S/O Krishna Yadav Resident of VillageMamarkhabad, P.S.- Pandarak, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Sah For the Opposite Party/s :
Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-02-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that accused persons came and Devi Yadav assaulted her husband by knife causing injury on chest. Thereafter, accused persons fled threatening.
4. The learned counsel for the petitioner submits that petitioner has been facilely implicated in the instant case by the informant. It is next submitted that from perusal of the
Patna High Court CR. MISC. No.82223 of 2024(2) dt.07-02-2025 2/3 allegation as alleged in the FIR, it would manifest that no overt act has been alleged against the petitioner, except that he was also present at the place of occurrence. It is reiterated and submitted that petitioner is the person with clean antecedent and he will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P. S. Case No.134 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.82223 of 2024(2) dt.07-02-2025 3/3 found that petitioner has antecedent of even one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T