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Patna High CourtCR. MISC./42528/2019disposed

Abhishek Yadav v. The State Of Bihar

2019-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42528 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

ABHISHEK YADAV Son of Brahma Choudhary Resident of Village-Rani Sarishanwa, P.S-Mirganj, District-Gopalganj.

2.

Ashutosh Yadav Son of Brahma Choudhary Resident of Village-Rani Sarishanwa, P.S-Mirganj, District-Gopalganj.

3.

Sunita Devi Wife of Brahma Choudhary Resident of Village-Rani Sarishanwa, P.S-Mirganj, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 307, 324, 302, 504, 506 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant and his brother due to which they sustained injuries and his brother succumbed to the injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.42528 of 2019(4) dt.27-11-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The main allegation is against the co-accused Hari Mohan Chaudhary and Rakesh Chaudhary. As far as petitioners are concerned, no allegation of assault is alleged against them. They have falsely been implicated in the present case. No specific overt act is alleged against them. The petitioner no. 3 is lady.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the provisional anticipatory bail granted to the petitioners abovenamed vide order dated 11.07.2019 in connection with Mirganj P.S. Case No. 88 of 2019 pending before learned C.J.M., Gopalganj, stands confirmed.

(Sudhir Singh, J) Pankaj/- U T