Dinesh Yadav @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30071 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Dinesh Yadav @ Dinesh Kumar Son of Shibalak Yadav Resident of VillageBhadaur, Police Station- Nardiganj, District- Nawada 2.

Lalan Yadav Son of Prayag Yadav Resident of Village- Bhadaur, Police Station- Nardiganj, District- Nawada 3.

Vikash Yadav @ Vikash Kumar Son of Lalan Yadav Resident of VillageBhadaur, Police Station- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Nardiganj P.S. Case No. 22 of 2024 dated 30.01.2024 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 353, 427, 504 of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioners and other accused persons took the law in their hand and got freed Karu Yadav, who was accused of another case, from the custody of police by pelting stones. In this incident, some police personnel sustained injury. The accused persons also damaged

Patna High Court CR. MISC. No.30071 of 2024(2) dt.20-05-2024 2/3 the vehicle of the police.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners that they have attacked on police personnel while discharging official duty rather allegation against the petitioners are general and omnibus. Petitioners have no concern with Karu Yadav, who is the accused of another case. Learned counsel for the petitioners submits that the petitioners were not present at the time of occurrence, but local chaukidar took the name of the petitioners due to previous enmity. Lastly, it has been submitted that petitioners have no criminal antecedents.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Nardiganj P.S. Case No. 22 of 2024, they will 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 Judicial

Patna High Court CR. MISC. No.30071 of 2024(2) dt.20-05-2024 3/3 Magistrate 1st Class, Nawada, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U