Kundan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34761 of 2021 Arising Out of PS. Case No.-354 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.
Kundan Yadav Son Of Jyotish Yadav R/O Village- Sanjha, P.S.- Rajoun, District- Banka 2.
Girdhari Yadav @ Giridhari Yadav Son Of Binod Yadav R/O VillageSanjha, P.S.- Rajoun, District- Banka ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Rajoun P.S.Case No. 354 of 2019 for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 332, 386 of the of the Indian Penal Code . As per allegation in the F.I.R, petitioners along with other co-accused were recovering money from the vehicles which were passing by and on seeing the police personnel, they fled away. It is alleged that they were involved in scuffle with the police personnel.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.34761 of 2021(2) dt.09-03-2022 2/2 petitioners has been falsely implicated in this case. No specific allegation of assault is made out against these petitioners. There is general and omnibus allegation has been levelled against the petitioners. Petitioners have no criminal antecedent. On similar footing co-accused Dinesh Yadav @ Dinesh Kumar has been granted bail vide order dated 24.01.2022 by this Court. Learned Additional Public Prosecutor opposed the bail prayer of the petitioner.
Considering the facts and circumstance of the case as well as submission of the parties, let the petitioners in the event of their arrest or surrender before the Court Below within a period of four 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 Rajoun P.S Case No. 354 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U T