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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41960 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== 1.

DEEPAK KUMAR @ DEEPAK KUMAR YADAV Son of Ambika Yadav Resident of Village - Barari, P.s.- Barari, Distt.- Bhagalpur. 2.

SONU KUMAR @ KUMAR RAMANUJ Son of Mohan Lal Das Resident of Village - Sabaur, P.S. and Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42833 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== SACHIN KUMAR @ SACHIN YADAV Son of - Ranjit Yadav R/o Mohalla - Yadav Tola Sabour, P.S. - Sabour, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 41960 of 2022) For the Petitioner/s :

Mr. Rajnish Chandra, Advocate For the Opposite Party/s :

Mr. Chandrabhushan Prasad, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 42833 of 2022) For the Petitioner/s :

Mr. Rajnish Chandra, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 CRIMINAL MISCELLANEOUS No.41960 of 2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149,

2/4 341, 323, 379, 354, 447, 504 and 506 of the Indian Penal Code. The informant alleges that the accused persons including the petitioners came and assaulted him and his family members and took away mobile and Rs. 20,000/-, it is next alleged that the accused fled when the villagers gathered by firing in the air.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that from perusal of the FIR it would manifest that the allegation of assault and snatching of mobile and Rs. 20,000/- was ornamental in nature along with the allegation of firing as no one was injured. Learned counsel next submits that no motive or reason has been assigned for the present occurrence nor there is any injury caused to any person from the side of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

3/4 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Industrial Area P.S. Case No. 30 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

CRIMINAL MISCELLANEOUS No. 42833 of 2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 379, 354, 447, 504 and 506 of the Indian Penal Code. The informant alleges that the accused persons including the petitioner came and assaulted him and his family members and took away mobile and Rs. 20,000/-, it is next alleged that the accused fled when the villagers gathered by firing in the air.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that from perusal of the FIR it would manifest that the allegation of assault and snatching of mobile and Rs. 20,000/- was ornamental in nature along with the allegation of firing as no

4/4 one was injured. Learned counsel next submits that no motive or reason has been assigned for the present occurrence nor there is any injury caused to any person from side of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Industrial Area P.S. Case No. 30 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T