Sumit Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37578 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== 1.
SUMIT KUMAR YADAV SON OF NAND KISHORE YADAV RESIDENT OF VILLAGE PARIDAH, PS HASANPUR, DISTT- SAMASTIPUR 2.
ABDHI KUMAR YADAV SON OF LATE NEPAL YADAV RESIDENT OF VILLAGE PARIDAH, PS HASANPUR, DISTT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43366 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== 1.
GAURAV KUMAR @ GAURAV YADAV SON OF KARI YADAV RESIDENT OF VILLAGE PARIDAH, PS HASANPUR, DISTSAMASTIPUR 2.
DEEPAK KUMAR YADAV @ DEEPAK KUMAR SON OF PULINDRA YADAV RESIDENT OF VILLAGE PARIDAH, PS HASANPUR, DISTSAMASTIPUR 3.
RAJA KUMAR @ RAJA YADAV SON OF KARI YADAV RESIDENT OF VILLAGE PARIDAH, PS HASANPUR, DIST- SAMASTIPUR 4.
DIKO YADAV SON OF RAJENDRA YADAV RESIDENT OF VILLAGE PARIDAH, PS HASANPUR, DIST- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37578 of 2023) For the Petitioner/s :
Mr. Navin Kumar For the Opposite Party/s :
Mr. Bhanu Pratap Singh (In CRIMINAL MISCELLANEOUS No. 43366 of 2023) For the Petitioner/s :
Mr. Navin Kumar For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 As both these bail applications have cropped up from the
Patna High Court CR. MISC. No.37578 of 2023(3) dt.29-08-2023 2/3 same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard the parties.
3. The petitioners apprehends their arrest in connection with Hasanpur P.S. Case No.150 of 2022, registered for the offence punishable under Sections 302 and other allied Sections of the Indian Penal Code.
4. The allegation against the petitioners is that they and other co-accused persons brutally assaulted the brother-in-law of the informant as a result of which he died.
5. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no eye witness in the present case to support the prosecution case. There is no specific overt act against the petitioners. They have been made accused in the present case on the basis of a viral video. Petitioners have no criminal antecedent.
6. Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.37578 of 2023(3) dt.29-08-2023 3/3 anticipatory bail by submitting that there is ample evidence against the petitioners in the case diary to show their involvement in the present case.
7. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
8. Accordingly, these applications are dismissed.
9. However, if the petitioners surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law, considering that the petitioners have no criminal antecedent.
(Anjani Kumar Sharan, J) shikha/- U T