Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45802 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Bipin Yadav, aged about 28 years, male, 2.

Anil Yadav @ Anil Kumar, aged about 33 years, male, 3.

Adhwa Yadav @ Sudhir Kumar, aged about 28 years, male, All sons of Ramchandra Yadav @ Ram Chandra Prasad, resident of VillageBhadaur, P.S.- Nardiganj, Distt- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Nardiganj PS Case No.22 of 2024 dated 30.01.2024, instituted under Sections 147, 148, 149, 341, 323, 324, 307, 353, 427/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the petitioners and other accused persons took the law in their hand and got Karu Yadav, who was accused of another case, freed from the custody of the police by pelting stones. In the incident, some police personnel also sustained injuries. The accused persons also damaged the vehicle of the police.

Patna High Court CR. MISC. No.45802 of 2024(2) dt.12-07-2024 2/3

4. Learned counsel for the petitioners submits that that the petitioners are innocent and have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners that they have attacked on the police personnel while discharging official duty, rather, the allegations are general and omnibus. Petitioners have no concern with Karu Yadav. Further submission is that similarly situated co-accused Dinesh Yadav @ Dinesh Kumar, Lalan Yadav and Vikash Yadav @ Vikash Kumar have been granted anticipatory bail by this Court vide order dated 20.05.2024 passed in Cr. Misc. No.30071 of 2024 and the petitioners' case stand on the same footing. Lastly, it is submitted that the petitioner nos. 1 and 3 have no criminal antecedents, whereas, one criminal case is pending against petitioner no.2.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawadah, in Nardiganj PS

Patna High Court CR. MISC. No.45802 of 2024(2) dt.12-07-2024 3/3 Case No.22 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T