Devi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8512 of 2024 Arising Out of PS. Case No.-725 Year-2023 Thana- BARH District- Patna ====================================================== 1.
Pawan Yadav son of Suli Yadav Village- Dumaria Ps- Barh Dist- Patna 2.
Pahlaj yadav son of Suli Yadav Village- Dumaria Ps- Barh Dist- Patna 3.
Raj Ballam Yadav son of Siyasharan Yadav Village- Dumaria Ps- Barh DistPatna 4.
Gagan Yadav son of Dinesh Yadav Village- Dumaria Ps- Barh Dist- Patna 5.
Manish Yadav son of Dinesh Yadav Village- Dumaria Ps- Barh Dist- Patna 6.
Phulchand Yadav @ Phool Chand Yadav son of Dinesh Yadav VillageDumaria Ps- Barh Dist- Patna 7.
Dinesh Yadav son of Siyasharan Yadav Village- Dumaria Ps- Barh DistPatna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15307 of 2024 Arising Out of PS. Case No.-725 Year-2023 Thana- BARH District- Patna ====================================================== DEVI YADAV SON OF BHAGO YADAV RESIDENT OF VILLAGE - DUMARIYA, P.S. - BARH, DISTRICT - PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 8512 of 2024) For the Petitioner/s :
Mr.Rajnish Chandra For the Opposite Party/s :
Mr.Ram Sevak Choudhary (In CRIMINAL MISCELLANEOUS No. 15307 of 2024) For the Petitioner/s :
Mr.Rajnish Chandra For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-03-2024 Heard learned counsel for the petitioners and learned
Patna High Court CR. MISC. No.8512 of 2024(2) dt.06-03-2024 2/3 Additional Public Prosecutor for the State.
2. Learned counsel for the petitioners seeks permission to withdraw the present application for the Petitioner no. 6, namely, Phulchand Yadav in Cr. Misc. No. 8512 of 2024.
3. Permission is accorded.
4. Accordingly, the present application for the Petitioner no. 6, namely, Phulchand Yadav in Cr. Misc. No. 8512 of 2024 is dismissed as withdrawn.
5. The petitioners are apprehending their arrest in a case in connection with Barh P.S. Case No. 725 of 2023 dated 05.11.2023 registered for the offence/s punishable u/ss 147, 149, 341, 323, 353, 504, 506, 216 and 225 of the Indian Penal Code.
6. As per the prosecution case, the petitioners and the co-accused persons are alleged to have caused hindrance in the discharge of official duty of the police personnel and they also attacked the police personnel causing injury and they got the accused Sully Yadav released from the police custody.
7. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is no specific allegation against the petitioners. The petitioner no. 1-5 in Cr. Misc. No. 8512 of 2024
Patna High Court CR. MISC. No.8512 of 2024(2) dt.06-03-2024 3/3 has no criminal antecedent while the petitioner no. 7 of the said case has one more criminal case and the petitioner, Devi Yadav in Cr. Misc. No. 15307 of 2024 has three other criminal cases as stated in para 3 of the bail petition.
8. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
9. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Barh in connection with Barh P.S. Case No. 725 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
10. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U