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Patna High CourtCR. MISC./7225/2022allowed

Krishna Yadav v. The State Of Bihar

2022-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7225 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

KRISHNA YADAV S/o Late Ramswaroop Singh @ Late Ramsaroop Singh R/o village- Radhui, P.S.- Nimchak Bathani, District- Gaya. 2.

Bipin Yadav S/o Krishna Yadav R/o village- Radhui, P.S.- Nimchak Bathani, District- Gaya.

3.

Lal Babu Yadav S/o Krishna Yadav R/o village- Radhui, P.S.- Nimchak Bathani, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Nimchak Bathani P.S. Case No.106 of 2021, registered for the offences punishable under Sections 341, 447, 323, 379, 427, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioners along with other accused-persons are said to have abused and assaulted the son of the informant. Petitioners No.1 and 3, namely, Krishna Yadav and Lal Babu Yadav are also said to have fired upon the son of the informant. Thereafter all the accused persons entered into the house of the informant and took out Rs.25,000/- from the pocket of the informant.

Patna High Court CR. MISC. No.7225 of 2022(2) dt.01-08-2022 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against the petitioners. It is further submitted that there is land dispute between the parties and petitioner no.1 and informant are own brothers. It is lastly submitted that the petitioners have got two criminal antecedents as stated in paragraph-3 of the bail application.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts and circumstances of the case, 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.-X, Gaya in connection with Nimchak Bathani P.S. Case No.106 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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