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Patna High CourtCR. MISC./49310/2024bail granted

Dhanu Yadav @ Sanjit Roy @ Dhamu Roy v. The State Of Bihar

2024-08-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49310 of 2024 Arising Out of PS. Case No.-138 Year-2024 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Dhanu Yadav @ Sanjit Roy @ Dhamu Roy Son Of Krishna Roy @ Yadav Resident Of Village - Jamira, Police Station - Arrah (MUFFASIL), District - Bhojpur 2.

Mithu Yadav @ Mithu Ray @ Dharmendra Kumar Yadav @ Dharmendra Yadav Son Of Krishna Roy @ Yadav Resident Of Village - Jamira, Police Station - Arrah (MUFFASIL), District - Bhojpur 3.

Lallu Yadav @ Lallu Ray @ Raju Ray @ Raju Kumar Son Of Krishna Roy @ Yadav Resident Of Village - Jamira, Police Station - Arrah (MUFFASIL), District - Bhojpur 4.

Mantu Yadav @ Mantu Kumar Son Of Krishna Roy @ Yadav Resident Of Village - Jamira, Police Station - Arrah (MUFFASIL), District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the State :

Mr. Madhura Nand Jha, A.P.P.

For the Informant :

Mr. Aditya Narayan Singh 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioners, informant and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code.

3. Prosecution case, in brief, is that on 05.05.2024 at about 9 AM, while informant along with his son was going to the market for purchasing handpump, these petitioners stopped motorcycle of informant and assaulted him and his son with lathi and danda.

4. Learned counsel for the petitioners submits that due

Patna High Court CR. MISC. No.49310 of 2024(2) dt.08-08-2024 2/2 to previous enmity this false and concocted case with general and omnibus allegation of assault has been lodged against these petitioners. Date of occurrence is 05.05.2024 but F.I.R. has been lodged on 08.05.2024 i.e. after inordinate delay of three days. Injuries allegedly caused by these petitioners are simple in nature.

5. Learned counsel for the informant vehemently opposed the bail application and submitted that petitioner No. 1 has suppressed criminal antecedents and in fact, he is accused in more than two cases.

6. Considering the nature of accusation and simple nature of injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Arrah Muffasil P. S. Case No. 138 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T