Ram Bali Yadav @ Ram Wali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29343 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Ram Bali Yadav @ Ram Wali Yadav Son of Late Ram Krpial Yadav Resident of village- Chakayam, Police Station- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APPP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bhagwanpur (Tiyay) PS Case No. 258 of 2022 registered for the offence punishable under Sections 147,148,341,323, 353, 307, 504 and 506 of the Indian Penal Code.

3. It is alleged that the police party went to raid the petitioner's house on information of some illegal arms being there. The family members, including the petitioner have obstructed the police personnel in discharge of their duty and have also assaulted the members of the police party.

4. It is submitted by the petitioner's counsel that it is a

Patna High Court CR. MISC. No.29343 of 2023(2) dt.14-07-2023 2/3 false case. The police personnel have got injury reports prepared only to sustain the allegation. On extraneous consideration, they have gone to raid the petitioner's house. In fact, the petitioner's wife has lodged the complaint case against the parties who had gone to raid the petitioner's house. The petitioner has no antecedent, and no injury has been attributed to the petitioner. There is no recovery of any illegal arms or ammunition.

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

6. Considering the rival submissions, nature of allegations, the seizure report, wherein, there is no recovery of any arms and ammunition and clean antecedent of the petitioner, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Begusarai, in connection with Bhagwanpur

Patna High Court CR. MISC. No.29343 of 2023(2) dt.14-07-2023 3/3 (Tiyay) PS Case No. 258 of 2022 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled (Madhuresh Prasad, J) shyambihari/- U T