Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4786 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

AJAY YADAV S/O MAHENDRA YADAV @ MAHENDRA SINGH R/vKharati, P.S.- Chand, District- Kaimur at Bhabua. 2.

MULAYAM YADAV S/O SHANKAR YADAV R/v- Kharati, P.S.- Chand, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard both sides.

Petitioners apprehend their arrest in connection with Chand P.S. Case No.241 of 2022, registered for the offences punishable under Sections 342, 323, 367, 504, 506 and 34 of the Indian Penal Code.

Allegedly co-accused, Atma Yadav in association with the petitioners and co-accused persons called the informant from his house and on the point of firearms forcibly took him to another place by a car and assaulted him with lathi-danda and with the butt of pistol. It is also alleged that after putting pistol in the hand of the informant snapped his photograph.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.4786 of 2023(2) dt.07-04-2023 2/2 present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the petitioners are not named in the FIR. There is general and omnibus allegation against the petitioners. It is submitted that on the basis of confessional statement of the coaccused, the petitioners are made accused in the present case. It is also submitted that the injury sustained by the informant is simple in nature.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Kaimur at Bhabua in connection with Chand P.S. Case No.241 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T