Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83768 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== ANIL YADAV S/o Late Hari Bhajan Yadav R/o village- Doghara, P.S.- Bihiyan, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 326, 307, 506 & 504 IPC.

Informant has alleged in his written complaint that on 21.03.2019 his brother Anil Yadav (petitioner) came and started abusing him and when he stopped he took out a knife and stabbed in his stomach as a result he become unconscious and was admitted in Ara Sadar Hospital from where he was referred to PMCH and he came back on 07.04.2019 after being treated in Patna and thereafter he use to threatened him that he will kill him.

It is submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to family feud. The incident is of 21.03.2019 and the FIR has been

Patna High Court CR. MISC. No.83768 of 2019(2) dt.06-01-2020 2/2 lodged on 17.04.2019. The allegations are false and concocted and the injury report as enclosed in Annexure-2 is of 08.05.2019. Petitioner is in custody since 29.08.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Bihiya P.S. Case No.120/2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Prakash Narayan /- U T