Ram Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28963 of 2024 Arising Out of PS. Case No.-140 Year-2022 Thana- MANSI District- Khagaria ====================================================== 1.

Ram Babu Yadav son of Anandi Yadav Village- Amani Ps- Mansi DistKhagaria 2.

Ramashish Yadav son of Rajbali Yadav Village- Amani Ps- Mansi DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Mansi P.S Case No. 140 of 2022 dated 28.04.2022 registered for the offence punishable u/s 341, 323, 326, 307, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioners and the co-accused persons along with three unknown miscreants holding lethal weapons were standing at Basa of Nepali Singh. On being asked, Aman Yadav, Raman Yadav and Ranjeet Yadav started assaulting the informant and the co-accused Ranjeet

Patna High Court CR. MISC. No.28963 of 2024(4) dt.26-07-2024 2/3 Yadav caught hold of him and the co-accused Ramen Yadav fired on the stomach of the informant. Thereafter, the informant was taken to the Sadar Hospital for treatment.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is no specific allegation against the petitioner rather the allegation of firing is against the co-accused Ramen Yadav and the allegation of assault by lathi and danda on the informant is against the co-accused Aman Yadav and Ranjit Yadav. Similarly situated co-accused has already been granted bail by the coordinate bench of this court vide order dated 04.08.2023 passed in Cr. Misc. No. 47506 of 2023. The petitioners have one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.28963 of 2024(4) dt.26-07-2024 3/3 concerned, Khagaria, in connection with Mansi P.S Case No. 140 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T