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Patna High CourtCR. MISC./13670/2023allowed

Sanjay Kumar v. The State Of Bihar

2023-04-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13670 of 2023 Arising Out of PS. Case No.-1003 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

SANJAY KUMAR S/O MANGAN YADAV Resident of VillageJhopadpatti, Badi Khanjarpur, P.S.- Barari, District- Bhagalpur. 2.

DHANANJAY YADAV @ DHANANJAY KUMAR @ DHANANJAY KUMAR YADAV S/O NAND KISHOR YADAV Resident of VillageJhopadpatti, Badi Khanjarpur, P.S.- Barari, District- Bhagalpur. 3.

TINKU KUMAR S/O BAHIRO YADAV @ BHAIRO YADAV Resident of Village- Jhopadpatti, Badi Khanjarpur, P.S.- Barari, District- Bhagalpur. 4.

BALRAM KUMAR @ BALRAM YADAV S/O VISHNUDEV YADAV @ VISHWANATH YADAV Resident of Village- Jhopadpatti, Badi Khanjarpur, P.S.- Barari, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 353, 427, 188 and 290 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, petitioners were the members of the Pooja Samiti and procession was going on. Due to some dispute the petitioners along with others co-accused persons damaged the road side shop and also assaulted the injured persons and shop keeper.

Patna High Court CR. MISC. No.13670 of 2023(2) dt.29-04-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that no injury is mentioned in the entire case diary. He further submits that petitioners have got no 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 petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Kotwali Jogsar P.S. Case No.1003/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T