Jamun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57755 of 2018 ======================================================
1. Jamun Yadav, Son of Late Jaldhar Yadav, Resident of Village- Bari Dhaka, Police Station- Banka, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 379, 307, 386, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that the informant being site-in-charge of a company, was getting the work done for gas filling plant. In the meantime, the accused persons came and started to put pressure to provide the whole work and threatening was also being given. On refusal, the accused persons armed with Lathi, Danda came at the residence of informant and started abusing and assaulting him. The accused persons were also armed with weapons.
It has been submitted on behalf of the petitioner that there is
Patna High Court Cr.Misc. No.57755 of 2018 (2) dt.10-10-2018 no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. No specific overt act has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner. 20-25 persons are alleged to have participated in the alleged occurrence. So far offence u/S 386 of the Indian Penal Code is concerned, the same is attributed against Sanjay Yadav. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 244 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T