← Library
Patna High CourtCR. MISC./39809/2023allowed

Hare Ram Yadav @ Hare Ram Kumar Yadav v. The State Of Bihar

2023-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39809 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Hare Ram Yadav @ Hare Ram Kumar Yadav Son Of Jang Bahadur Yadav Resident Of Village- Dudhaila, Ps- Andhramath, Distt- Madhubani 2.

Radhe Yadav @ Radheshayam Kumar Yadav Son Of Jang Bahadur Yadav Resident Of Village- Dudhaila, Ps- Andhramath, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, all the named accused persons including these petitioners assaulted the nephew of the informant. Petitioner no. 2 is said to have snatched golden chain from the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further

Patna High Court CR. MISC. No.39809 of 2023(3) dt.18-08-2023 2/2 submits that the F.I.R. was lodged on 20.04.2022, but the F.I.R. was send to the learned Court below on 23.04.2023, after inordinate delay of three days. Petitioner no. 1 has one criminal antecedent and petitioner no. 2 has three criminal antecedents as mentioned in the supplementary affidavit.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Andhramath P.S. Case No.54 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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