← Library
Patna High CourtCR. MISC./16343/2024allowed

Polo Yadav v. The State Of Bihar

2024-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16343 of 2024 Arising Out of PS. Case No.-94 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== POLO YADAV S/O- LATE JADU YADAV R/O- VILLAGE- SANDALPUR MANGRA POKHAR P.S.- MUFFASIL DIST.- MUNGER.

... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Patel, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, all the accused persons including the petitioner armed with deadly weapons came at the house of the informant and took out forcibly his nephew from his house and took him to their house. When the informant along with his second nephew went to the house of Sudhir Kumar to save his nephew, all the accused persons assaulted them brutally with deadly weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.16343 of 2024(2) dt.14-03-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation against coaccused Sudhir Yadav, who has been enlarged on bail by this bench vide order dated 10.04.2023 passed in Cr. Misc. No. 6000 of 2023. Petitioner has four criminal antecedents as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner and co-accused Sudhir Yadav has been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Muffasil P.S. Case No. 94 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T