Gurudev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2438 of 2019 Arising Out of PS. Case No.-72 Year-2018 Thana- PANJWARA District- Banka * ====================================================== Gurudev Yadav, son of Sargun Yadav, resident of Village - Ramkol, P.S.- Panjwara, District Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Panjwara P.S. Case No. 72 of 2008 registered under Section 147, 149, 224, 225, 323, 332, 397, 353, 504 and 506 of the Indian Penal Code. Petitioner along with other named accused persons are said to have assaulted the informant by means of lathi, danda and stone and extricated the arrested accused, namely, Akash Yadav from the custody of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to

Patna High Court CR. MISC. No.2438 of 2019(3) dt.06-03-2019 2/2 dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The informant has not sustained any injury in the occurrence. Though one more case has been lodged against the petitioner but he is on bail in the said case. Similarly situated co-accused, namely, Ramanand Yadav has been enlarged on anticipatory bail by a co-ordinate bench of this Court vide order dated 21.12.2018 passed in Cr. Misc. No. 74808 of 2018. The petitioner has been languishing in custody since 30.08.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Panjwara P.S. Case No.72 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T