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Patna High CourtCR. MISC./19253/2023allowed

Sunil Yadav @ Sunil Kumar Yadav v. The State Of Bihar

2023-06-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19253 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Sunil Yadav @ Sunil Kumar Yadav Son Of Kalaktar Yadav Resident Of Village - Gagaura, P.S.- Buxar (Industrial Area), District - Buxar. 2.

Bhim Yadav Son Of Kalaktar Yadav Resident Of Village - Gagaura, P.S.- Buxar (Industrial Area), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwini Kumar Rai For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 379, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioners along with other accused persons are said to have assaulted the informant's side by means of lathi, farsa, iron rod, brick, rama and bamboo.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt

Patna High Court CR. MISC. No.19253 of 2023(3) dt.26-06-2023 2/2 act against the petitioners. He submits that there is land dispute between the parties. He submits that only allegation against the petitioners is that they have assaulted the informant by means of rama and bamboo but from perusal of injury report of the informant the injuries are simple in nature caused by blunt object. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant 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 lower Court where the case is pending/successor Court in connection with Buxar (Industrial Area) P.S. Case No.04 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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