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Patna High CourtCR. MISC./46490/2022allowed

Pramod Yadav v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46490 of 2022 Arising Out of PS. Case No.-286 Year-2017 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

PRAMOD YADAV S/O YOGENDRA YADAV @ MALTHU YADAV @ MALCHHOO YADAV Resident of village- Madhukarchak, Paklipar, P.S.- Bihariganj, District- Madhepura 2.

JANGAL YADAV @ RAJEEV @ RAJEEV KUMAR @ JAGAT YADAV S/O NIRANJAN YADAV Resident of village- Madhukarchak, Paklipar, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patla Kumari, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 302 and 34 of IPC and 27 of the Arms Act.

Allegedly, the accused persons surrounded informant's husband and shot dead him. Then, all accused persons threatened to villagers and fled away making firing in the air. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence.

Patna High Court CR. MISC. No.46490 of 2022(2) dt.12-12-2022 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The prosecution story is false. Petitioners are not involved in the alleged occurrence and petitioners are not involved in this case. It is further stated that after investigation the police submitted charge-sheet let off the petitioners, however, the learned court below took cognizance against the petitioners. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. 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 court below where the case is pending/Successor Court in connection with Bihariganj P.S. Case No.286 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T