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Patna High CourtCR. MISC./52832/2021bail granted

Krishna Yadav v. The State Of Bihar

2022-04-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52832 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== KRISHNA YADAV Son of Shokhi Yadav R/o Village- Darwan, Police Station- Kawakole, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 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 Kawakole P.S. Case no. 179 of 2020 instituted for the offence under Sections 147, 148, 341, 323, 307, 353, 337, 338, 427 and 504 of the Indian Penal Code.

As per allegation in the FIR, anti-social persons surrounded the dead body of a lady and they are not allowing the relatives to remove the dead body. When the police intervened into the matter and tried to pacy it, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.52832 of 2021(2) dt.06-04-2022 2/2 offence. General and omnibus allegations have been levelled against him. He was only the member of the mob. He has got no criminal antecedent. No one has received injury. Name of the petitioner has been dragged at the instance of the local chowkidar, which has no evidentiary value in the eye of law. 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 Kawakole P.S. Case no. 179 of 2020, 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 Additional Chief Judicial Magistrate-IV, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U