Pappu Yadav @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39975 of 2022 Arising Out of PS. Case No.-540 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== PAPPU YADAV @ SANJEEV KUMAR S/o Mannu Yadav R/o Village - Choudharydih, P.S.- Domchouch, District - Kodarma (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 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 Rajauli P.S. Case no. 540 of 2021 instituted for the offence under Sections 341, 323, 379, 353, 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, when the informant along with police officials reached at the place of occurrence and saw that mining of mica is being done illegally. After seeing the police party the accused persons started to fleeing away leaving the motorcycle. It is further alleged that when the informant with police party were returning with seized motorcycle, the accused persons intercepted by overtaking the

Patna High Court CR. MISC. No.39975 of 2022(2) dt.02-12-2022 2/3 vehicle and got released the seized motorcycle and fled away. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. From Perusal of FIR, it appears that the petitioner is member of people who were gathered at the place of occurrence due to which he has falsely been made accused in this case. There is no any specific allegation and no any evidence is against the petitioner. He has no concern with the motorcycle or with the co-accused persons. The allegation against the petitioner is general and omnibus in nature.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

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 Rajauli P.S. Case no. 540 of 2021, 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, Nawada

Patna High Court CR. MISC. No.39975 of 2022(2) dt.02-12-2022 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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