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Patna High CourtCR. MISC./46338/2022allowed

Sonu Yadav v. The State Of Bihar

2022-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46338 of 2022 Arising Out of PS. Case No.-78 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== Sonu Yadav Son Of Bikrama Yadav Resident Of Village - Anand Nagar, P.S. Jagdishpur, District - Bhojpur At Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhen Sarkar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26, 27, 35 of the Arms Act. The prosecution case in nutshell is that informant got information that petitioner along with coaccused persons were planning for committing crime. When the informant along with other police officials reached at the spot, then, one person was apprehended. Specific allegation of opening fire upon the police officials is upon co-accused Dani Yadav.

Patna High Court CR. MISC. No.46338 of 2022(2) dt.13-12-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that neither the petitioner is apprehended from spot nor anything incriminating has been recovered from his conscious possession. It is further submitted that there is general and omnibus allegation against the petitioner and the specific allegation of opening fire upon the police officials is on co-accused Dani yadav. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIIth, Bhojpur at Ara in connection with

Patna High Court CR. MISC. No.46338 of 2022(2) dt.13-12-2022 3/3 Bihiya P.S. Case No. 78 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T