Sunny Yadav @ Sunny @ Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21596 of 2024 Arising Out of PS. Case No.-548 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Pappu Yadav @ Pappu Kumar S/o Late Kedar Yadav Resident Of Village Choutha Ps Rajauli District Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21924 of 2024 Arising Out of PS. Case No.-548 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== SUNNY YADAV @ SUNNY @ VIKRAM KUMAR SON OF LATE KEDAR YADAV Resident of Village - Choutha, P.S. - Rajauli, District - Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 21596 of 2024) For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Arun Kumar Singh (In CRIMINAL MISCELLANEOUS No. 21924 of 2024) For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2.
Heard the parties.
Patna High Court CR. MISC. No.21596 of 2024(3) dt.08-05-2024 2/3 3.
The petitioners apprehend their arrest in connection with Rajauli P.S. Case No.548 of 2023, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 379, 504, 506 of the Indian Penal Code. 4.
As per the FIR, while, one Shresth Kumar Krishna, an Indian Forest Service Trainee was going to Kodwariya Forest. They saw two tractors fully loaded with sand were coming towards them and the tractors were stopped for checking. Drivers of the tractors said that they were carrying sand for Sadhu Yadav. The tractors were being taken to forest office and during that, 10-12 persons came there assaulted the informant and other officials and also misbehaved with them. 5.
It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. Petitioners have criminal antecedent, which is also mentioned in para-3 of the bail applications. 6.
Learned APP for the State opposed the prayer for anticipatory bail by submitting that petitioner namely, Pappu Yadav @ Pappu Kumar has seven criminal antecedent and
Patna High Court CR. MISC. No.21596 of 2024(3) dt.08-05-2024 3/3 petitioner namely, Sunny Yadav @ Sunny @ Vikram Kumar has six criminal antecedent and therefore, it is not a fit case for grant of anticipatory bail.
7.
Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 8.
Accordingly, these applications are dismissed. However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T