Anish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11864 of 2024 Arising Out of PS. Case No.-525 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== Anish Yadav S/O Lakshman Prasad Yadav Village- Bihma, Ps.- Tarapur, Distt. Munger.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-02-2024 Heard Mr. Jyoti Ranjan Jha, learned counsel appearing on behalf of the petitioner and Mr. Mithlesh Kumar Khare, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Kharagpur P.S. Case No.525 of 2022 registered under Sections 147, 148, 149, 341, 342, 323, 337, 353, 379, 333, 504 of the Indian Penal Code.

3. As per the allegation made in the FIR, about 250300 people blocked the road after putting a dead-body on the road, the police team intervened for the same and was attacked by the mob, due to which some of the police personnel were injured on different parts of the body, including their vital parts. The petitioner is a co-accused of the said incident.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.11864 of 2024(2) dt.22-02-2024 2/2 petitioner submits that there is general and omnibus allegation made in the FIR and it can not be said that the petitioner is the one who attacked the police team.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submission made on behalf of the parties, as well as, the fact that general and omnibus allegation has been made against the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-IV-cum-Sub Judge-VI, Munger in connection with Kharagpur P.S. Case No.525 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Ashishsingh/- U T