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Patna High CourtCR. MISC./46120/2023allowed

Srikant Yadav v. The State Of Bihar

2023-08-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46120 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Srikant Yadav Son Of Late Bodhan Yadav Village- Sewa Ps- Gidhaur DistJamui 2.

Mani Kant Yadav Son Of Late Bodhan Yadav Village- Sewa Ps- Gidhaur Dist- Jamui 3.

Kuldeep Yadav @ Kuldeep Kumar Son Of Late Bodhan Yadav VillageSewa Ps- Gidhaur Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj For the State :

Mr. Abhay Kumar For the Informant :

Mr. Umesh Prasad ===================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, all the accused persons came, armed with tangi, sword and other weapons, and assaulted the informant and his brother.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners, there is

Patna High Court CR. MISC. No.46120 of 2023(2) dt.24-08-2023 2/2 specific allegation against co-accused, Jiblal Yadav, who assaulted Raghunath Yadav and the injury was found grievous in nature. He further submits that there is case and counter case between the parties and both sides have sustained injury and the injury as found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Laxmipur P.S. Case No.312 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T