Shyamakant Yadav @ Samakant @ Samakant ... vs The State Of Bihar on 30 January, 2023

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Patna High Court - Orders

Shyamakant Yadav @ Samakant @ Samakant ... vs The State Of Bihar on 30 January, 2023

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60787 of 2022
                 Arising Out of PS. Case No.-670 Year-2020 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 SHYAMAKANT YADAV @ SAMAKANT @ SAMAKANT YADAV S/o
                 Late Shivnandan Yadav R/v- Parsa, Narayanpur, Ward No.- 03, P.S.-
                 Majhaulia, District- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Umesh Chandra Verma, Adv.
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

3   30-01-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 324, 337, 338, 354, 354-B, 379, 307, 436, 504, 506 of the Indian Penal Code.

Allegedly, petitioner along with other co-accused persons assaulted the informant and his family members with bhala and gadasa. They outraged modesty of his minor daughter. They also looted away Rs. 2,50,000/- kept in the box.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. Petitioner has been Patna High Court CR. MISC. No.60787 of 2022(3) dt.30-01-2023 2/2 falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation against Birbal Yadav to assault the informant. There is case and counter case between the parties. The injury sustained by the victim is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury sustained by the victim is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Majhaulia P.S. Case No. 670 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, this application stands partly allowed.

(Anjani Kumar Sharan, J) divyanshi/-

U      T

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Patna High Court - Orders