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Patna High CourtCR. MISC./2576/2023allowed

Rajeev Yadav @ Rajesh Kumar v. The State Of Bihar

2023-03-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2576 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- MANPUR District- Nalanda ====================================================== RAJEEV YADAV @ RAJESH KUMAR Son of Chhote Yadav Resident of Village- Makduaane, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 307, 353 of the IPC and 27 of the Arms Act.

As per the prosecution case, a free fight took place in between two groups and when the police party tried to pacify the quarrel, both groups entangled with the police party. Thereafter, an indiscriminate firing with illegal weapons started which created an atmosphere of terror.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever

Patna High Court CR. MISC. No.2576 of 2023(2) dt.28-03-2023 2/2 taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is only a member of the mob. No person has sustained injury in the alleged occurrence. There is no recovery of live or empty cartridge from the spot. Petitioner has four criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since no one has sustained injury, 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 court below where the case is pending/Successor Court in connection with Manpur P.S. Case No.191/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T