Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21939 of 2022 Arising Out of PS. Case No.-346 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== 1.

RAJU YADAV Son of Late Saharai Yadav 2.

Chottu Yadav Son of Raju Yadav 3.

Dillip Yadav Son of Raju Yadav All Resident of Village - Udda Bigha, P.S. - Chandauti, Distt. - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 By order dated 01.06.2022, the prayer for anticipatory bail of petitioners no. 1 and 2 has already been dismissed as withdrawn.

Heard learned counsel for the petitioner no. 3 and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner no. 3 apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 379, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner no. 3 submits that petitioner no. 3 is a person with clean antecedent. Allegation of assault as alleged in the FIR is not

Patna High Court CR. MISC. No.21939 of 2022(3) dt.03-11-2022 2/3 specific against the petitioner no. 3, though one of the injuries of Manish Kumar is grievous.

Learned counsel for the petitioner no. 3 submits that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assault is general and omnibus in nature against seven persons. It is further submitted that petitioner no. 3 is a young boy, aged about 24 years, and in the event, if the petitioner no. 3 is sent to judicial custody based on the allegation as alleged in the FIR, which is not specific, his entire career would be jeopardized and there is chance of he having come in contact with the hardened criminal. It is next submitted that the case presently is not instituted under Section 307 of the Indian Penal Code.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner no. 3, the petitioner no. 3 abovenamed, in the event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.21939 of 2022(3) dt.03-11-2022 3/3 the case is pending/successor court in connection with Chandauti P.S. Case No. 346 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T