Sunil Yadav @ Sugga @ Sugga Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46339 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- JAYRAMPUR District- Sheikhpura ====================================================== 1.
Sunil Yadav @ Sugga @ Sugga Yadav Son of Yogeshwar Yadav @ Yugeshwar Yadav Resident of village - Toigarh, P.S.- Jairampur, District - Sheikhpura.
2.
Rahul Kumar Son of Maheshwar Yadav Resident of village - Toigarh, P.S.- Jairampur, District - Sheikhpura.
3.
Rajendra Kumar @ Rajendra Yadav Son of Ram Khelvan Yadav @ Ram Khelawan Yadav Resident of village - Toigarh, P.S.- Jairampur, District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 272, 273, 353, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3.
Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of four cases and petitioner Nos. 2 and 3 have antecedent of five cases and they have been falsely implicated in the instant case by the informant, who is a police officer. It is next submitted that the informant alleges that he
Patna High Court CR. MISC. No.46339 of 2024(2) dt.26-07-2024 2/3 received an information that accused persons of Jairampur PS Case No. 81 of 2023 and Jairampur PS Case No. 82 of 2023 are throwing bricks and firing at each other. Accordingly, police force reached the place of occurrence, when the accused persons started pelting stones and when the police threatened to fire in the air, the accused persons fled away and thereafter, it is alleged that local spy identified 14 persons including the petitioners.
4.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by local spy. It is further submitted that petitioners have been implicated in the instant case because they have antecedents. 5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that from perusal of criminal antecedents of the petitioners, it would manifest that petitioner No. 2 and 3 are accused in Jairampur PS Case No. 82 of 2023, as such their presence at the place of occurrence cannot be ruled out. It is also submitted that petitioner Nos. 2 and 3 have antecedent of four more cases apart from Jairampur PS Case No. 82 of 2023.
6.
Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of
Patna High Court CR. MISC. No.46339 of 2024(2) dt.26-07-2024 3/3 anticipatory bail to the petitioner No. 2 and 3. 7.
However, petitioner No. 1, Sunil Yadav @ Sugga @ Sugga Yadav, 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 Jairampur P.S. Case No. 01 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 8.
The instant anticipatory bail application is partly allowed.
(Satyavrat Verma, J) SUMIT/- U T