Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50902 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== 1.

Kamlesh Yadav Son of Raj Nath Yadav Resident of village - Kuruasat, P.S.- Adhoura, District - Kaimur.

2.

Nagendra Yadav @ Chandashekhar Singh @ Chandrashekhar Yadav Son of Sarikha Yadav Resident of village - Kuruasat, P.S.- Adhoura, District - Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Adhoura P.S. Case No. 09 of 2024 instituted under Sections 341, 323, 504, 506, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant being Junior Engineer visited the place to inspect the construction work of the road and instructed the labourers to perform work with standard quality. In the meantime, the petitioners reached there and started assaulting him and petitioner no.1 snatched away gold chain and petitioner no.2 snatched away mobile phone from the informant.

Patna High Court CR. MISC. No.50902 of 2024(2) dt.21-08-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners are local people of the locality where the construction work was going on and when they came to know about the low quality of work, they questioned the same to the informant, due to this reason the informant has lodged the FIR alleging false allegation against the petitioners. The allegation of theft by the petitioners is super-addition to make the offence grievous. The petitioner no.1 is accused in one case and the petitioner no.2 is accused in two cases in which they are on bail. Petitioners undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Adhoura P.S. Case No. 09 of 2024, subject to the

Patna High Court CR. MISC. No.50902 of 2024(2) dt.21-08-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harshita/- U T