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Patna High CourtCR. MISC./38075/2022allowed

Suresh Yadav @ Suresh Kumar Yadav v. The State Of Bihar

2022-09-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38075 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== Suresh Yadav @ Suresh Kumar Yadav Son Of Hiralal Yadav @ Hira Yadav Resident Of Village- Hardiya Sahdeva, P.O.- Noneyadih, P.S.- Raxaul, District- East Champaran, Bihar- 845305 ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Bharti Mr. Apurva Kumar For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 234, 307, 354, 379, 384, 448, 427, 504, 506 and 34 of the Indian Penal Code.

Petitioner along with other co-accused is said to have entered inside the house armed with iron rod and started breaking household articles. It has been alleged that accused persons snatched gold chain, gold bangle and committed theft of Rs. 5 Lakhs from the house of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No. 38075 of 2022(2) dt.29-09-2022 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 31.08.2022 passed in Cr. Misc. No. 34596 of 2022. He submits that there is case and counter case between the parties. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Raxaul P.S. Case No. 502 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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