Manji Yadav @ Dara Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21187 of 2024 Arising Out of PS. Case No.-67 Year-2023 Thana- TEYAR District- Bhojpur ====================================================== Manji Yadav @ Dara Yadav Son of Late Maharaj Yadav Resident of VillageAndharibagh, P.S.- Tiyar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tiyar P.S. case No. 67 of 2023 instituted for the offences under Sections 147, 148, 149, 323, 341, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that ten FIR named accused persons including this petitioner and 20-25 unknown persons were found indulged in assaulting and firing between two groups.

Patna High Court CR. MISC. No.21187 of 2024(3) dt.20-03-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the basis of disclosure made by mahal chowkidar who has inimical terms with the petitioner. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. This petitioner is alleged to be a member of mob. There is no injury report in support of the prosecution case. Similarly situated co-accused persons have already been granted anticipatory bail by Coordinate Bench of this Court vide order dated 31.01.2024 passed in Cr. Misc. No. 2497 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity, clean antecedent also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.21187 of 2024(3) dt.20-03-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Tiyar P.S. case No. 67 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T