Patna High CourtCR. MISC./25025/2024bail granted

Dhoni Yadav @ Nandan Yadav v. The State Of Bihar

2024-03-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25025 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== Dhoni Yadav @ Nandan Yadav S/o Upendra Yadav R/o vill - Lattipur, P.S. - Bihpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned cousnel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihpur P.S.Case No. 42 of 2023 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 224, 225, 353/504 of the Indian Penal Code.

3. As per the prosecution case, on secret information, the petitioner's brother is going towards his house with illegal liquor. The police raided the house of the petitioner and apprehended his brother. In the meantime, 15-20 persons including the petitioner surrounded the police and tried to release Ranjan Yadav and also threw bricks and stones on the police party.

Patna High Court CR. MISC. No.25025 of 2024(2) dt.27-03-2024 2/2

4. Learned counsel for the petitioner submitted that petitioner is innocent and has falsely been implicated in this case. The petitioner is the brother of the co-accused Ranjan Yadav and he is simply member of the mob. There is no specific overt act has been levelled against the petitioner. No incriminating article has been recovered from possession of the petitioner. The petitioner is in custody since 08.01.2024 and he has got three criminal antecedent as stated in para-3 of the petition. Similarly situated co-accused Ranjan Yadav has already been granted bail by this Court in Cr. Misc. No. 39812 of 2023 vide order dated 12.07.2023.

4. Considering the facts and circumstance of the case, this application is allowed, let the above named, petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Naugachia, Bhagalpur in Bihpur P.S.Case No. 42 of 2023.

(Chandra Prakash Singh, J) N.K/- U T