Bhushan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27120 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.
Bhushan Yadav, aged about 40 years, Male Son of Ram Sudesh Yadav. 2.
Ramashish Yadav, aged about 65 years, Male Son of Rameshwar Yadav. Both resident of Village- Beldar Bigha, P.S- Khudaganj, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend arrest in connection with Khudaganj P.S. Case No. 104 of 2022 dated 14.07.2022 instituted for the offence punishable under Sections 341, 323, 325, 307, 354, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, petitioners along with other accused persons assaulted the informant with iron rod causing head injury.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case. It is submitted that there is no specific allegation of assault against them and the allegation is general and omnibus. Learned
Patna High Court CR. MISC. No.27120 of 2023(3) dt.29-08-2023 2/2 counsel further submits that similarly situated accused persons namely, Suranjan Yadav @ Suranjan Kumar and Kavindra Yadav @ Kavindra Prasad have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.06.2023 in Cr. Misc. No. 21202 of 2023. Petitioners have no criminal antecedent.
5. Learned APP opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa Nalanda in connection with Khudaganj P.S. Case No. 104 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Anand Kr.
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