Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23972 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.

SHAMBHU YADAV Son of Late Ambika Yadav Resident of Village - Makduma, Police Station - Amarpur, District - Banka. 2.

Mithun Yadav S/O Shambhu Yadav Resident of Village - Makduma, Police Station - Amarpur, District - Banka.

3.

Pritam Yadav @ Pritam Kr. Yadav Son of Prakash Yadav Resident of Village - Makduma, Police Station - Amarpur, District - Banka. 4.

Gagan Yadav Son of Shambhu yadav Resident of Village - Makduma, Police Station - Amarpur, 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. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2021 Heard the learned counsel for the petitioners and Shri Ashok Kumar, learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Amarpur P.S. Case No. 21 of 2020 for the offence registered under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

The allegation is regarding the petitioners herein having assaulted the informant as also having demanded a ransom amount of Rs. 25,000/-.

The learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.23972 of 2020(4) dt.17-02-2021 2/3 the petitioners have been falsely implicated in the present case and are having a clean antecedent. The learned counsel for the petitioners has further submitted that the petitioners have been falsely implicated in the present case on account of previous enmity, however, the fact is that the informant has not sustained any grievous injuries.

Per contra, Shri Ashok Kumar, the learned A.P.P. for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case diary, prima facie minuscule evidence is available on record so as to connect the petitioner with the alleged crime and moreover the informant has not received any grievous injury, hence I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in

Patna High Court CR. MISC. No.23972 of 2020(4) dt.17-02-2021 3/3 connection with Amarpur P.S. Case No. 21 of 2020 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T