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Patna High CourtCR. MISC./22338/2021bail granted

Awdhesh Yadav @ Awdhesh Kumar v. The State Of Bihar

2022-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22338 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- ROH District- Nawada ====================================================== AWDHESH YADAV @ AWDHESH KUMAR Son of Kuldeep Yadav Resident of Village - Shekhpura, P.S.- Roh, Distt.-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Roh P.S. Case no. 137 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 354(B), 330, 504, 506, 447, 448 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, petitioner along with some other co-accused persons armed with various weapons entered into the house of the informant and tried to outrage the modesty of the informant. They have also opened fire in air.

Patna High Court CR. MISC. No.22338 of 2021(2) dt.05-01-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely implicated in this case due to previous enmity. General and omnibus allegations have been levelled against him. No one has received injury in the alleged occurrence.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Roh P.S. Case no. 137 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U