Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69295 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- BHEJA District- Madhubani ====================================================== Shyam Yadav Son of Late Badri Yadav, Resident of Village-Bhargama, P.S.- Bheja, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Counsel for the petitioner is permitted to make necessary correction in paragraph-10 of the petition in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 324, 325, 307, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of playing DJ, the prosecution party's vehicle was stopped and one of the accused gave gadansa blow on the head of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There

Patna High Court Cr.Misc. No.69295 of 2018(2) dt.30-11-2018 2/2 is case and counter case between the parties. Free fight is alleged to have taken place due to petty reason. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. 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 learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 19 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