Sudhir Kumar Yadav @ Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22267 of 2022 Arising Out of PS. Case No.-229 Year-2020 Thana- LADANIA District- Madhubani ====================================================== 1.

Sudhir Kumar Yadav @ Sudhir Yadav S/O Late Rajendra Yadav Resident Of Village- Vishnupur, P.S.- Ladaniya, District- Madhubani. 2.

Kamlesh Yadav S/O Gagendra Yadav Resident Of Village- Vishnupur, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash Mr. Vinod Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.

Permission is accorded.

Accordingly, instant petition is dismissed as withdrawn.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner no.2 seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 332, 435, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms

Patna High Court CR. MISC. No.22267 of 2022(2) dt.13-09-2022 2/3 Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the accused persons including the petitioner created disturbance after election was over and the accused persons set ablaze an official vehicle, fired and pelted stones on the polling booth. Thus, B.S.F. had to resort to firing for disbursing the mob.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that allegations are general and omnibus in nature and no specific overt act has been alleged against the petitioner.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.22267 of 2022(2) dt.13-09-2022 3/3 amount each to the satisfaction of learned Court below where the case is pending in connection with Ladaniya P. S. Case No.229 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T