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Patna High CourtCR. MISC./11917/2024allowed

Dharambeer Yadav v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11917 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== 1.

Dharambeer Yadav S/o Lalan Yadav @ Manoj Yadav R/o Village - Khaira Chanda, Police Station - Narpatganj, District Araria 2.

Lalan Yadav S/o Late Umesh Yadav R/o Vill - Mirjapur, P.S. - Fulkaha, Dist. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 308, 354(B), 505, 506, 34 of the Indian Penal Code.

3. Allegedly, after some altercation, all the accused persons including the petitioners are said to have abused and assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific

Patna High Court CR. MISC. No.11917 of 2024(2) dt.12-03-2024 2/2 rather general and omnibus in nature. There is specific overt act against co-accused Dhiraj Yadav to assault the informant, namely, Sunita Devi due to which she sustained grievous injury. Petitioner no.1 has three criminal antecedents, whereas petitioner no.2 has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Narpatganj P.S. Case No. 03 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T