Devan Yadav @ Deban Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38537 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Devan Yadav @ Deban Yadav Son of Ram Bahadur Yadav @ Bahadur Yadav R/O Village - Gobbada, P.S.- Kharagpur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kharagpur P.S. Case no. 371 of 2023 instituted for the offence under Sections 447, 341, 323, 34 of the Indian Penal Code and later on Sections 147, 148, 149, 386, 302 and 327 of IPC were added.

Prosecution case in short, is that, petitioner along with other co-accused persons along with 50-60 unknown persons came to the land of the informant to take the possession of the same in a forceful manner and lastly, he alleged that in this course, he and his brother were assaulted by them. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.38537 of 2024(2) dt.17-05-2024 2/2 has submitted that petitioner is innocent and has committed no offence. There is no specific allegation has been levelled against the petitioner rather general and omnibus allegation has been attributed against him. Similarly situated other co-accused person, namely Pankaj Paswan has already been granted bail by this Court vide order dated 26.04.2024 in Cr. Misc. No. 4388 of 2024.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kharagpur P.S. Case no. 371 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shubham/- U T