Allowed

Sanjay Yadav v. The State of Bihar

Patna HC20 Jan 2023CR. MISC./51869/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in connection with an FIR involving injuries and assault, directing removal of procedural defects within one month and subjecting release to strict bond conditions. The petitioner must surrender within four weeks.

What did the court decide?

Anticipatory bail granted subject to bond conditions, surrender within four weeks, and rectification of defects within one month.

Sanjay Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51869 of 2022

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Arising Out of PS. Case No.-74 Year-2022 Thana- ALIPUR District- Gaya

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======================================================

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SANJAY YADAV S/o Late Vishun Dayal Resident of Village- Dihura, P.S.Alipur, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar For the Opposite Party/s : Ms.Dr. Indiwar Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 20-01-2023

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The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard the learned counsel for the petitioner as well as learned APP for the State.

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The petitioner apprehends his arrest in connection with Alipur P.S. Case No. 74 of 2022, registered for the offences punishable under Sections 341, 323, 307, 325, 354, 504, 506/34 of the Indian Penal Code.

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As per allegation, the petitioner alleged that the informant had a hand in enticing away his sister-in-law and assaulted him with iron rod on his head.

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The learned counsel for the petitioner has submitted

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Patna High Court CR. MISC. No.51869 of 2022(2) dt.20-01-2023 2/3

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that sister-in-law of the informant was enticed away by someone else and he has submitted that injuries are simple in nature. He has submitted further that injury no. 1 was found simple in nature and in respect of injury no. 2 on the person of the informant, the opinion was reserved, but later on, it was found to be simple. He has also submitted that the petitioner is a person of clean antecedent.

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On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner had badly assaulted the informant on his vital part and he has sustained two injuries. It appears that there is enmity between the parties. The FIR shows itself that the petitioner has made allegation against the informant that he has enticed away his sister-in-law. The petitioner is a person of clean antecedent and the injuries are simple in nature.

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Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Priyanshu Sharma, learned Judicial Magistrate, 1st Class, Gaya in connection with Alipur

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Patna High Court CR. MISC. No.51869 of 2022(2) dt.20-01-2023 3/3

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P.S. Case No. 74 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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kundan/-Nirmal

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U T

Sanjay Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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