The Patna High Court granted anticipatory bail to the petitioner under Section 438 CrPC, conditional upon his arrest or surrender within six weeks, subject to furnishing a bail bond and two sureties.
Granted anticipatory bail upon arrest/surrender within six weeks, subject to furnishing a Rs. 10,000 bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58105 of 2023
Arising Out of PS. Case No.-211 Year-2023 Thana- LAXMIPUR District- Jamui
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Bhudeo Yadav (aged about 39 years, Male) S/O Shyamsundar Yadav R/O Village-Piprabandh, P.S.-Laxmipur, District-Jamui.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance: For the Petitioner : Mr. Niranjan Parihar, Advocate For the Opposite Party : Mr. Amitesh Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
2 13-09-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Laxmipur P.S. Case No. 211 of 2023 dated 12.05.2023, instituted for the offence punishable under Sections 341, 504, 506, 307 and 324/34 of the Indian Penal Code.
3. The case of prosecution, in short, is that on 11.05.2023 at about 02:30 P.M., the informant went to one Sudhir Ram to ask him to return his due loan amount and Sudhir Ram took the informant along with him to the shop of the accused, namely, Bhudeo Yadav and as soon as the informant along with co-accued, Sudhir Ram reached the shop of accused, suddenly, the accused started to abuse the
Patna High Court CR. MISC. No.58105 of 2023(2) dt.13-09-2023 2/3
informant in filthy language, and further with the help of a rod he assaulted him on his head, as a result, the informant has sustained injury on his had and bleeding started. It is further alleged that the petitioner again has given second blow of rod on the head of the informant, due to which the informant while evading the assault has sustained injury on his hand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that injury report shows that injury No. 1 and 2 are simple in nature. Lastly, it has been submitted that he has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Laxmipur P.S. Case No. 211 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.58105 of 2023(2) dt.13-09-2023 3/3
the learned J.M. 1st Class, Jamui, subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J)
Shanu/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in connection with the PS. Case No.-211 of 2023 involving offences under Sections 341, 504, 506, 307, and 324/34 IPC.
1 provisions across 1 enactments
Bhudeo Yadav
The State of Bihar
Khatim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
