Arjun Kumar @ Arjun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25077 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
Arjun Kumar @ Arjun Yadav S/O Late Ramanand Yadav Resident Of Vanvigha, P.S.- Daud Nagar, District- Aurangabad. 2.
Arvind Singh @ Arvind Yadav S/O Late Ramanand Yadav Resident Of Vanvigha, P.S.- Daud Nagar, District- Aurangabad. 3.
Dinesh Kumar @ Dinesh Kumar Singh S/O Late Ramanand Yadav Resident Of Vanvigha, P.S.- Daud Nagar, District- Aurangabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Kumar, Adv For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 448, 341, 323, 379, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, the Petitioners and other co-accused persons entered into the house of the informant and started assaulting her and Mina Devi and Puja Devi snatched her earrings and Mina Devi took away Rs. 5,000/- from the box. All the accused persons threatened to kill the entire family members of the informant.
4. Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners have two criminal antecedents which is
Patna High Court CR. MISC. No.25077 of 2023(3) dt.08-09-2023 2/2 mentioned in Para-3 of the bail petition. The allegation against the petitioners is that they assaulted the informant and his family members. There is case and counter case between the parties. He submits that there is no specific overt act against the petitioners and there is general and omnibus allegation levelled against the petitioners.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts that there is general and omnibus allegation and no specific overt act has been attributed against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Daud Nagar P.S. Case No. 60 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) N.K/- U T