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Patna High CourtCR. MISC./42224/2023allowed

Saurav Yadav @ Saurav Kumar Suman v. The State Of Bihar

2023-08-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42224 of 2023 Arising Out of PS. Case No.-39 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Saurav Yadav @ Saurav Kumar Suman Son Of Late Sanjay Yadav Resident Of Village- Naya Tola Mirjapur, Ps- Madhusudanpur, Nathngar, And DisttBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 353 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3, 4 of the Explosive Substance Act.

3. Petitioner and other accused persons are said to have started firing over the police force when they reached near the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that

Patna High Court CR. MISC. No.42224 of 2023(2) dt.04-08-2023 2/2 similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 06.12.2022 passed in Cr. Misc. No. 38536 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

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

6. 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 Nathnagar Madhusudanpur P.S. Case No. 39 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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