Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6592 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- BARH District- Patna ====================================================== 1.

MUKESH YADAV S/O HARIVANSH YADAV R/v- Laheria Pokhar, P.S.- Barh, District- Patna 2.

SUDHIR KUMAR S/O DWARIKA YADAV R/v- Laheria Pokhar, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons entered into the shop of the informant and abused him and assaulted him as well. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.6592 of 2023(3) dt.11-05-2023 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. There is no allegation against the petitioners for causing injury to the informant. Petitioner no.1 has one criminal antecedent and petitioner no.2 has three criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

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 court below where the case is pending/Successor Court in connection with Barh P.S. Case No.274 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T