Hareram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1205 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Hareram Yadav Son Of Late Nan Ghuran Yadav Resident Of Village- Bankat, Sikariya, Police Station- Shahpur, District- Bhojpur At Ara. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubham Sourav, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2024 Heard Mr. Shubham Sourav, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Shahpur P.S. Case No.269 of 2023 dated 18.06.2023 registered under Sections 341, 323, 307, 504, 506, 379 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner alongwith the other co-accused named in the FIR had tried to pluck the jack-fruit of the informant, which was obstructed by him, upon which the petitioner and other accused persons assaulted him.

4. Learned counsel appearing on behalf of the petitioner submits that due to his enmity with the informant, he

Patna High Court CR. MISC. No.1205 of 2024(2) dt.24-01-2024 2/2 has been made accused in this on the basis of false accusation and allegations made by him. The allegations are not sustainable. The petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation of the FIR, as well as, the fact that the informant has sustained injury for which he was treated at a government hospital, the District Court is directed to call for injury report and verify the injury sustained by the petitioner, whether injury is simple or grievous in nature and in case the injury is not that serious then in that case the District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur P.S. Case No.269 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Ashishsingh/- U