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Patna High CourtCR. MISC./35895/2025allowed

Subodh Kumar @ Subodh Yadav v. The State Of Bihar

2025-05-29Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35895 of 2025 Arising Out of PS. Case No.-109 Year-2020 Thana- GOH District- Aurangabad ====================================================== Subodh Kumar @ Subodh Yadav S/o Shivbaban Yadav R/o VillageDullahbigha, PS- Goh, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Goh P.S. Case No.109 of 2020 registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 379, 504 and 506 of IPC.

3. As per prosecution case, there is allegation against petitioner and other who are said to have armed with iron rod, pistol, danda and deadly weapons assaulted the informant as a result of which informant sustained injury on various parts of the body and it is alleged that co-accused Nitish Kumar snatched the mobile of informant's relatives. The reason behind the said occurrence is stated to be land dispute which has been going on since long.

Patna High Court CR. MISC. No.35895 of 2025(2) dt.29-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. There is no specific allegation against the petitioner rather the same is general and omnibus in nature. Learned counsel further submits that co-accused Surendra Yadav & Ors. have already been granted anticipatory bail by the co-ordinate Bench of this Court vide Cr. Misc. No. 25632 of 2021 and the case of present petitioner is identically same and on the principle of parity, petitioner deserves bail. Apart from that, petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, co-accused have already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.35895 of 2025(2) dt.29-05-2025 3/3 satisfaction of learned S.D.J.M Daudnagar, Aurangabad in connection with Goh P.S. Case No.109 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T