Shrawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30906 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== Shrawan Yadav S/O- Ram Dutta Yadav Village- Baruara, Police StationBahadurpur, District- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey (APP.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 353, 333, 307, 427, 504 of the I.P.C. and Section 37 of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner along with other accused persons in a drunken condition attacked the police and damaged the vehicle and Guddu Yadav was arrested, who disclosed the name of the accused persons including the petitioner.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated based on confessional statement of Guddu Yadav in police custody, which does not have any

Patna High Court CR. MISC. No.30906 of 2023(2) dt.19-05-2023 2/2 evidentiary value. It is next submitted that allegation of assault is not specific rather is general and omnibus in nature, when admittedly petitioner is a person with clean antecedent. It is next submitted that similarly situated co-accused Sajjan Yadav @ Sajan Yadav and Pradeep Yadav have been granted anticipatory bail by the learned Coordinate Bench by order dated 21.04.2023 in Cr. Misc. No.11013 of 2023 and order dated 10.05.2023 in Cr. Misc. No.16669 of 2023 respectively.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-1, Excise Act, Darbhanga in connection with Bahadurpur P. S. Case No.495 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T