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Patna High CourtCR. MISC./11596/2024allowed

Pawan Kumar Yadav @ Pawan Yadav v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11596 of 2024 Arising Out of PS. Case No.-315 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== 1.

Pawan Kumar Yadav @ Pawan Yadav son of Thakai Yadav Village- Malin Belha Ps- Luakaha Dist- Madhubani 2.

Birendra Kumar Sah @ Birendra Sah son of Hira Sah Village- Malin Belha Ps- Luakaha Dist- Madhubani 3.

Musharu Pandit @ Dasai Pandit son of Hriday Narayan Pandit VillageMalin Belha Ps- Luakaha Dist- Madhubani 4.

Adhik Lal Thakur @ Dhanik Lal son of Bhola Sah Village- Malin Belha PsLuakaha Dist- Madhubani 5.

Guldev Sah son of Mukti Sah @ Yukti sah Village- Malin Belha PsLuakaha Dist- Madhubani 6.

Jagat Sah son of Late Tanuk Sah Village- Malin Belha Ps- Luakaha DistMadhubani 7.

Bechan Sah son of Satto Sah Village- Malin Belha Ps- Luakaha DistMadhubani 8.

Ramesh Sah son of Bimal Sah Village- Malin Belha Ps- Luakaha DistMadhubani 9.

Vinod Kumar Ram @ Vinod Ram son of Nirash Ram Village- Malin Belha Ps- Luakaha Dist- Madhubani 10.

Mukesh Kumar Ram @ Mukesh Ram son of Yogendra Ram Village- Malin Belha Ps- Luakaha Dist- Madhubani 11.

Ravindra Kumar Prabhakar @ Ravindra Yadav son of Thakai Yadav VillageMalin Belha Ps- Luakaha Dist- Madhubani 12.

Ravindra Kumar Prabhakar @ Ravindra Yadav son of Thakai Yadav VillageMalin Belha Ps- Luakaha Dist- Madhubani 13.

Pankaj Kumar @ Pankaj Kumar Yadav son of Jagdish Yadav VillageBishanpur Ps- Luakaha Lalmaniya OP Dist-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned

Patna High Court CR. MISC. No.11596 of 2024(2) dt.12-03-2024 2/3 A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 188, 447, 341, 342, 323, 332, 333, 353, 307, 427, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that a mob of people about 400-500 people created disturbance at Booth No. 53 and 54 and also not allowed to move away the E.V.M. machine.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are not named in the F.I.R., but during the course of investigation the petitioners have been made accused in the present case. He further submits that there is no specific overt act against the petitioner. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in

Patna High Court CR. MISC. No.11596 of 2024(2) dt.12-03-2024 3/3 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 Laukaha (Lalmaniya) P.S. Case No.315 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T