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Patna High CourtCR. MISC./43732/2022allowed

Abhishek Yadav @ Abhishek Kumar v. The State Of Bihar

2022-12-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43732 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== ABHISHEK YADAV @ ABHISHEK KUMAR S/O PRAVEEN YADAV Resident of Village- Sinduara, P.S.- Madnpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 354(A), 379, 448, 427, 325 and 307 of the Indian Penal Code and Sections 3, 4 and 5 of the Witch Practices Act.

It is a case of assaulting and abusing by calling a witch by the petitioner, as a result of which, the informant and other family members sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is one of the members of the mob and there is no specific overt-act against the petitioner.

Patna High Court CR. MISC. No.43732 of 2022(2) dt.12-12-2022 2/2 Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court passed in Cr. Misc. No. 33485 of 2022.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Madanpur P.S. Case No. 108 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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