Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42966 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== NARESH YADAV S/O GOVIND YADAV Resident of village- Nakti Mahugain, P.S.- Wazirganj, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Wazirganj P.S. Case no. 57 of 2022 instituted for the offence under Sections 147, 148, 149, 323, 307, 353, 427 and 188 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by assaulting by lathi danda and pelting stones to the police party in discharging the official duty as a result of which some constables sustained injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.42966 of 2022(2) dt.08-12-2022 2/3 offence. General and omnibus allegations have been levelled against him. He was only the member of the mob. He has got no criminal antecedent. Injury received by the injured is simple in nature. Due to high handedness of police, petitioner has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Wazirganj P.S. Case no. 57 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1st Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.42966 of 2022(2) dt.08-12-2022 3/3