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Patna High CourtCR. MISC./23246/2023allowed

Krishna Vishal Shankar @ Indal Yadav v. The State Of Bihar

2023-07-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23246 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== 1.

KRISHNA VISHAL SHANKAR @ INDAL YADAV SON OF SATYENDRA YADAV RESIDENT OF VILLAGE TALBAN BIGHA, PAHLEZA, P.S. DEHRI MUFFASIL, DIST. ROHTAS 2.

MUNNA SINGH @ RADHA MUNNA YADAV SON OF GAURI YADAV RESIDENT OF VILLAGE TALBAN BIGHA, PAHLEZA, P.S. DEHRI MUFFASIL, DIST. ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Prasad Yadav For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 324, 325, 379, 385, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

As per the prosecution story, the petitioners along with other co-accused persons demanded ransom from one Sanjay Singh and when he refused to give ransom, the petitioners and other co-accused persons assaulted Sanjay Singh, Sanjay Gautam and Sujeet Singh by means of lathi and iron rod and snatched Rs.1,15,000/-from the pocket of Sanjay Singh. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.23246 of 2023(2) dt.04-07-2023 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case on the basis of suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Gaya Rail P.S. Case No.97 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their

Patna High Court CR. MISC. No.23246 of 2023(2) dt.04-07-2023 3/3 criminal antecedent, the Court below shall take steps for cancellation of bail bond of the petitioners. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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