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Patna High CourtCR. MISC./28320/2023allowed

Dharo Yadav @ Dharmendra Yadav @ Dharmend Yadav v. The State Of Bihar

2023-08-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28320 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- MANSI District- Khagaria ====================================================== DHARO YADAV @ DHARMENDRA YADAV @ DHARMEND YADAV SON OF LATE BANARSI YADAV R/O-KHUTIYA, P.S.-MANSI, DISTT.- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 448, 447, 186, 353, 332, 333, 427, 379, 120(B)/34 of the IPC.

3.

As per the F.I.R., when one Anchal Amin went on the spot for measurement of land related to Case No.9/22-23 on aforesaid dates then the petitioner along with other co-accused abused and obstructed the Government Amin in discharging his official duty. Later on, two co-accused entered into the chamber of the C.O. Mansi forcefully and abused him and thereafter assaulted him and in the meantime, they tore the official documents related to Hon'ble High Court.

Patna High Court CR. MISC. No.28320 of 2023(3) dt.07-08-2023 2/2 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. In the F.I.R., it has been alleged that the petitioner is the conspirator but there is absolutely no overt act against him. Petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Mansi P.S. Case No.323/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T