Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17615 of 2023 Arising Out of PS. Case No.-752 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== 1.

PINTU YADAV S/O DWARIKA YADAV @ DWARIKA PRASAD YADAV R/O VILLAGE- PAHARI, P.S- FATEHPUR, DISTT.- GAYA. 2.

DWARIKA YADAV @ DWARIKA PRASAD YADAV S/O BALKI YADAV R/O VILLAGE- PAHARI, P.S- FATEHPUR, DISTT.- GAYA. 3.

CHHOTU KUMAR S/O DWARIKA YADAV R/O VILLAGE- PAHARI, P.S- FATEHPUR, DISTT.- GAYA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 379, 506, 34 of the Indian Penal Code.

The allegation against the petitioners is that they assaulted the informant by means of several weapons due to which he sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.17615 of 2023(3) dt.26-06-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the injury report is enclosed in the case diary and from which it is clear that the injuries are simple in nature. Petitioners have one criminal antecedent.

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

Having regard to the facts and circumstances of the case as well as considering the nature of injury, 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 Fatehpur P.S. Case No.752 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T