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Patna High CourtCR. MISC./34467/2023allowed

Yogendra Yadav @ Jogendra Yadav v. The State Of Bihar

2023-07-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34467 of 2023 Arising Out of PS. Case No.-421 Year-2020 Thana- RAHUI District- Nalanda ====================================================== YOGENDRA YADAV @ JOGENDRA YADAV Son of Late Krishna Gope @ Krishna Yadav Resident of Village- Bishunpur, PS- Rahui District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 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 341, 323, 325, 307, 427, 504, 506/34 of the IPC.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner assaulted the informant by means of lathi-danda. 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. Two injuries were found on the body of the informant, out of which, one injury was simple in nature and

Patna High Court CR. MISC. No.34467 of 2023(2) dt.25-07-2023 2/2 one was grievous in nature but it is no where specifically alleged that the same has been inflicted by the petitioner rather there is general and omnibus allegation against all the accused persons. Petitioner has no criminal antecedent. 5.

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

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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 Rahui P.S. Case No.421/2020, corresponding to G.R. No.6360/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T