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Patna High CourtCR. MISC./40137/2023allowed

Ram Lagan 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.40137 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- DUMRAO District- Buxar ====================================================== 1.

Ram Lagan Yadav Son Of Gudi Yadav Resident Of Naya Bhojpur, Ward No. 09, P.S. - Naya Bhojpur O.P., Distt. - Buxar 2.

Aash Narayan Yadav Son Of Gudi Yadav Resident Of Naya Bhojpur, Ward No. 09, P.S. - Naya Bhojpur O.P., Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhushan Mishra For the Opposite Party/s :

Mr. Nawal Kishore Prasad Mr. Arvind Kumar Pradhan ====================================================== 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, 448, 308, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioners along with other accused persons are said to have assaulted the informant and his family members.

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

Patna High Court CR. MISC. No.40137 of 2023(3) dt.18-08-2023 2/2 there is no specific overt act against petitioner no. 1 and the allegation against the petitioner no. 2 is of assaulting father and mother of the informant, but the injury was found simple in nature, it is clear from the impugned order and the injury report. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, 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 Dumraon (Naya Bhojpur O.P.) P.S. Case No.308 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