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Patna High CourtCR. MISC./10120/2023allowed

Ajay Yadav @ Ajay Kumar v. The State Of Bihar

2023-04-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10120 of 2023 Arising Out of PS. Case No.-100 Year-2022 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== AJAY YADAV @ AJAY KUMAR SON OF RAMESHWAR YADAV R/O VILL.- OSAAI, P.S.- BIHIYAN, DISTT.- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar :

Mr. Shivam Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436, 332, 337, 333, 379, 504, 506 and 353/34 of the Indian Penal Code and Section 153, 174(a), 174(b), 174(c), 147, 146 and 145 of the Railways Act pending in the learned court below.

Allegation against the petitioner is that on the pretext of opposing the Agniveer scheme he along with 15-20 persons set fired upon the Government property.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.10120 of 2023(2) dt.20-04-2023 2/2 case. He further submits that petitioner is only a member of the mob. He submits that there is no specific overt act against the petitioner. He further submits that similarly situated other coaccused person has already been granted bail by a Coordinate Bench of this Court. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Rail P.S. Case No.100 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T