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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25291 of 2022 Arising Out of PS. Case No.-411 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== 1.

PAPPU KUMAR YADAV @ PAPPU YADAV S/o Surya Narayan Yadav Resident of Village- Dhousahi, P.S.- Phulparas, District- Madhubani. 2.

ARBIND KUMAR YADAV S/o Kapleshwar Yadav Resident of VillageDhousahi, P.S.- Phulparas, District- Madhubani. 3.

MUKESH KUMAR YADAV S/o Kapleshwar Yadav Resident of VillageDhousahi, P.S.- Phulparas, District- Madhubani. 4.

RABIDNRA YADAV S/o Kapleshwar Yadav Resident of Village- Dhousahi, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 302 and 504 of the Indian Penal Code.

3. Allegedly, the petitioners along with other co-accused persons went to the house of informant and assaulted him and his family members as a result of which the brother of the informant died.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.25291 of 2022(5) dt.31-10-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are not named in the FIR and they were made accused in the present case during the course of investigation. There is no specific overt act against the petitioners. Petitioner nos. 2 and 3 have no criminal antecedent whereas petitioner nos. 1 and 4 have one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Phulparas P.S. Case No.411 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T