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Patna High CourtCR. MISC./30097/2021allowed

Ramfu Yadav v. The State Of Bihar

2022-01-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30097 of 2021 Arising Out of PS. Case No.-630 Year-2020 Thana- BANKA District- Banka ====================================================== Ramfu Yadav Son Of Late Sharwan Yadav Resident of Village- Kushaha, Police Station- Banka, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 302 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that there is specific allegation against co-accused

Patna High Court CR. MISC. No.30097 of 2021(2) dt.18-01-2022 2/3 Dinesh Yadav and Yogendra Yadav. He submits that so many civil and other cases are pending between the parties. He also submits that petitioner is the member of mob. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that there is direct involvement of this petitioner in the alleged occurrence in which one Sanjay Yadav died at spot.

Considering the facts and circumstances of the case and the fact that there is no specific allegation against the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Banka P.S. Case No. 630 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T

Patna High Court CR. MISC. No.30097 of 2021(2) dt.18-01-2022 3/3