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Patna High CourtCR. MISC./22035/2023bail granted

Bisundeo Yadav v. The State Of Bihar

2023-06-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22035 of 2023 Arising Out of PS. Case No.-45 Year-2022 Thana- ALIPUR District- Gaya ====================================================== 1.

Bisundeo Yadav S/O- Late Nami Yadav Village- Akbarpur Ps- Alipur DistGaya 2.

Dhananjay Yadav Son Of Late Mahendra Yadav Village- Akbarpur PsAlipur Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-06-2023 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioners and Mr. Anil Kumar Singh No. 1, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Alipur P.S. Case No. 45 of 2022 registered under Sections 448, 147, 149, 341, 342, 323, 325, 307, 354, 506 and 379 of the Indian Penal Code read with Section 27 of the Arms Act.

3. The prosecution story, in brief, is that the accused person named in the F.I.R., including the petitioners, entered into the house of the informant and started firing and also tried

Patna High Court CR. MISC. No.22035 of 2023(2) dt.24-06-2023 2/3 to outrage the modesty of the female members of the informant.

4. Learned counsel appearing on behalf of the petitioners submits that so far as the petitioner no. 1 is concerned he has assaulted with firearm, but no firearm injury found on the person of any member of the family of the informant. So far as the allegation against the petitioner no. 2 is that he has assaulted with iron rod on the head of one Rita Devi but injury is simple in nature. The petitioners have no criminal antecedent.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the nature of allegation made against the petitioners as well as the injury report petitioners above named are directed to be released on anticipatory bail.

7. Court below is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No. 45 of 2022, subject to the condition as laid

Patna High Court CR. MISC. No.22035 of 2023(2) dt.24-06-2023 3/3 down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Manish/- minu/- U T