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Patna High CourtCR. MISC./22401/2024bail granted

Ajay Yadav v. The State Of Bihar

2024-04-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22401 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Ajay Yadav S/o Late Mathura Yadav Resident of Village- Balwapar, P.S. Warisaliganj, District- Nawada 2.

Jaggu Yadav @ Golu Yadav S/o Ajay Yadav Resident of Village- Balwapar, P.S. Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 332, 333, 337, 338, 307, 353 of the Indian Penal Code & Section 27 of the Arms Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with general and omnibus allegation. It is further submitted that the informant alleges that he received an information that brick batting and firing are going on in between two communities as detailed in the F.I.R. for control of business of railway rack point, accordingly, when

Patna High Court CR. MISC. No.22401 of 2024(2) dt.08-04-2024 2/3 police force reached the place of occurrence, they saw that three persons were lying in injured condition, who were sent for treatment by police vehicle, in the meantime, both groups started pelting stones and bricks over the police force causing injury. The learned counsel next submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation against the petitioners is general and omnibus in nature and no specific allegation is alleged against the petitioners. It is next submitted that though there is allegation of firing in between the two groups but then no one was injured in the firing and even the S.I. Nirmal Kumar received injury on non-vital part of the body but no specific allegation is alleged against the petitioners.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warsaliganj P.S. Case No.27/2024, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.22401 of 2024(2) dt.08-04-2024 3/3 438 (2) of the Cr.P.C.

6. Further, one of the bailors of the petitioner no.1 shall be his nephew namely Pradip Yadav and that of petitioner no.2 shall be his father namely Ajay Yadav.

(Satyavrat Verma, J) amit/- U T