Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7601 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Anil Yadav S/O- Dangal Yadav Village- Kare, P.S and District- Sheikhpura 2.

Raj Virat Yadav son of Shiyashran Yadav @ Siyasharan Yadav VillageKare, P.S and District- Sheikhpura 3.

Mukesh Yadav @ Mukesh Kumar son of Dangal Yadav Village- Kare, P.S and District- Sheikhpura 4.

Ramjanam Yadav son of Kishun Yadav Village- Kare, P.S and DistrictSheikhpura 5.

Kunal Yadav son of Rajo Yadav Village- Kare, P.S and District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Roop Kishan, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-02-2024 Learned counsel for the petitioners are permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Sheikhpura P.S Case No. 517 of 2023 dated 08.08.2023 registered for the offence punishable u/s 147, 148, 149, 341, 323, 337, 379, 307, 506, 504 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.7601 of 2024(3) dt.26-02-2024 2/3

4. As per the prosecution case, On 08.08.2023 the petitioners and the co-accused persons holding armed weapons came and surrounded the informant on his boring and started firing indiscriminately on him due to previous dispute. Further, the petitioners and co-accused also entered the house of the informant and looted Rs. 5,00,000/- including some ornaments and cash of Rs. 65,000/-.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. No specific allegation has been attributed against the petitioners. The allegation against the petitioners are general and omnibus. No one sustained fire arms injury.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.7601 of 2024(3) dt.26-02-2024 3/3 concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 517 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) jyoti/- U T