Patna High CourtCR. MISC./23196/2021disposed

Ashish Yadav v. The State Of Bihar

2022-02-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23196 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- RAHUI District- Nalanda ====================================================== 1.

ASHISH YADAV SON OF HARI YADAV R/O VILLAGE- NIJAY BIGAHA P.S. RAHUI DISTRICT NALANDA 2.

RAM BALAK YADAV SON OF JAGARNATH YADAV R/O VILLAGENIJAY BIGAHA P.S. RAHUI DISTRICT NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-02-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Rahui P.S. Case No. 80 of 2020 registered under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. There is no direct allegation against the petitioners. Further he submits that petitioners have no criminal antecedent.

Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.23196 of 2021(2) dt.03-02-2022 2/2 opposed the prayer of the petitioner no. 1 by contending that in the first information report, there is direct allegation of firing against him. Hence, he does not deserve to be enlarged on anticipatory bail.

Having considered the facts and circumstances of the case and the submissions advanced on behalf of learned counsel for the State, prayer of the petitioner no. 1 Ashish Yadav is rejected and at the same time, prayer of the petitioner no. 2 is allowed.

Let the above named petitioner no. 2 Ram Balak Yadav be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M.-I, Nalanda in connection with Rahui P.S. Case No. 80 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T