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Patna High CourtCR. MISC./57901/2024allowed

Pappu Yadav @ Pappu Kumar Yadav v. The State Of Bihar

2024-09-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57901 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1.

Pappu Yadav @ Pappu Kumar Yadav S/O Satyendra Yadav Resident of village -Dihuri,P.S.-Fatehpur, Distt-Gaya 2.

Pintoo Yadav @ Sudhanshu Shekhar S/O Satyendra Yadav R/O VillageDihuri,P.S.-Fatehpur, Distt-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 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 353, 504, 147, 379 and 149 of the Indian Penal Code and Sections 21 of MMDR & 56 of BM(CPIMTS) Act.

3. As per the prosecution case, the allegation against the petitioners is of obstructing the police personnel in discharging their official duty. It is also alleged of committing offence of illegal mining of sand.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.57901 of 2024(2) dt.11-09-2024 2/2 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. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, 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 Fatehpur P.S. Case No.271 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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