Awdhesh Yadav @ Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36114 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- ROH District- Nawada ====================================================== 1.

AWDHESH YADAV @ AWDHESH KUMAR S/O Sitaram Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada. 2.

NIRAJ YADAV S/O Manoj Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

3.

MANOJ YADAV S/O Narayan Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

4.

SHANKAR YADAV S/O Musafir Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

5.

SUDAMA YADAV Son of Musafir Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

6.

KAILASH YADAV Son of Banwari Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

7.

RANJIT YADAV Son of Kailash Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

8.

BINDI YADAV Son of Govind Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

9.

SAKINDRA YADAV Son of Banwari Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

10.

SUDARSHAN YADAV @ SUDARSHAN KUMAR Son of Khairu Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada. 11.

UPENDRA YADAV Son of Sabit Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada.

12.

KAUSHAL YADAV @ KAUSHAL KUMAR Son of Ramdeo Yadav Resident of Village - Mahkar, P.S. - Roh, District - Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

20-06-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.36114 of 2021(3) dt.20-06-2022 2/3 registered for the offence under Sections 147, 148, 149, 341, 323, 504, 506, 380 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, all the F.I.R. named accused persons including petitioners committed loot in the house of informant.

It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case and no such occurrence has taken place. Present case is counter blast of the case filed from the petitioners' side, vide Roh P.S. Case No. 118 of 2020. As per F.I.R. itself, the alleged date of occurrence is 04.08.2020, but F.I.R. was lodged after a delay of four days i.e. on 08.08.2020 and there is no plausible explanation of delay. Petitioners have clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the nature of accusation and clean antecedent of petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class,

Patna High Court CR. MISC. No.36114 of 2021(3) dt.20-06-2022 3/3 Nawada in connection with Roh P.S. Case No. 123 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J.) anay/- U T