Adarsh Yadav @ Jyotish Yadav @ Adarsh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22442 of 2024 Arising Out of PS. Case No.-677 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== 1.
Adarsh Yadav @ Jyotish Yadav @ Adarsh Kumar S/o Birendra Yadav @ Biru R/o vill - English, P.s. - Sabour, Distt. - Bhagalpur 2.
Anand Kumar @ Bharat Yadav @ Anand Raj @ Bharat Kumar S/o Birendra Yadav @ Biru R/o vill - English, P.s. - Sabour, Distt. - Bhagalpur 3.
Pankaj Yadav S/o Devendra Yadav R/o vill - English, P.s. - Sabour, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ambrish Jha For the Opposite Party/s :
Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his family members.
4. Learned counsel for the petitioners submits that no petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.22442 of 2024(2) dt.04-04-2024 2/3 specific rather general and omnibus in nature. He submits that there is admitted land dispute between the parties. He further submits that there is no specific overt act against the petitioners no. 1 and 2. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioners no.1 and 2, be released on bail, in the event of his 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) 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 Sabour P.S. Case No. 677 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Considering the facts and circumstances of case and the fact that there is specific allegation against petitioner no. 3 of assaulting Piyush Raj, and the injury is found grievous in nature, I am not inclined to enlarge petitioner no.3 on anticipatory bail. The prayer for anticipatory bail of the
Patna High Court CR. MISC. No.22442 of 2024(2) dt.04-04-2024 3/3 petitioner no. 3 is hereby rejected.
8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T