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Patna High CourtCR. MISC./37266/2023allowed

Kashi Yadav v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37266 of 2023 Arising Out of PS. Case No.-435 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== KASHI YADAV Son of Vaidhnath Raut @ Vaidhnath Yadav Resident of village - Baithaniya, P.S. - Majhaulia, Distt. - West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 427, 353, 332, 307, 342 and 504 of the Indian Penal Code pending in the learned court below.

3. Petitioner along with other co-accused persons obstructed the police party in doing their duty in order to release accused Ramjeet Yadav who was an accused in Majhaulia P.S. Case No. 434/2021.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that

Patna High Court CR. MISC. No.37266 of 2023(2) dt.31-07-2023 2/2 similarly situated other co-accused persons have already been granted bail by a bench of this Court vide order dated 23.01.2023 passed in Cr. Misc. No. 55231/2022. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Majhaulia P.S. Case No.435/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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