Birendra Kumar @ Birnandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.231 of 2024 Arising Out of PS. Case No.-34 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Birendra Kumar @ Birnandan Yadav Son of Ramvishwash @ Ramvishwash Yadav Village- Lachhumanwa, P.S.- Palanwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Palanwa P.S. Case No. 34 of 2023 dated 28.02.2023 registered for the offences punishable u/ss 147, 148, 341, 323, 307, 379 and 504 of the Indian Penal Code.

3. As per the prosecution case, the informant informed that the petitioner and the other co-accused on the day of marriage ceremony of the informant forced the informant to play vulgar songs. On objection by the informant, the petitioner started abusing and assaulting the informant and his family members with an iron rod.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.231 of 2024(2) dt.01-02-2024 2/2 that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that as per the injury report, the injury is simple in nature caused by hard and blunt substance.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Raxaul, East Champaran at Motihari in connection with Palanwa P.S. Case No. 34 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T