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Patna High CourtCR. MISC./87151/2024allowed

Ashok Yadav v. The State Of Bihar

2024-12-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87151 of 2024 Arising Out of PS. Case No.-256 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Ashok Yadav S/o- Kapildeo Yadav Village- Dumariya PS-Shahpur DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of B.N.S.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant and his family members by means of lathi-danda and iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is case and counter case between the parties and admitted land dispute

Patna High Court CR. MISC. No.87151 of 2024(2) dt.19-12-2024 2/2 between the parties. He submits that there is allegation against the petitioner to assault the son of the informant and the injury is found simple in nature. He further submits that there is specific allegation against co-accused Rakesh Yadav, who is said to have assaulted the wife of the informant and the injury is found grievious in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case and the fact that the injured person has sustained simple injury, 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 below where the case is pending/successor Court in connection with Shahpur P.S. Case No. 256 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S. (Anjani Kumar Sharan, J) anand/- U T