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Patna High CourtCR. MISC./4536/2021bail granted

Neelam Devi v. The State Of Bihar

2021-10-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4536 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

Neelam Devi Wife of Srikant Yadav @ Shrikant Yadav Resident of Village - Milki Goushala Road, P.O. and P.S. - Naugachia, District - Bhagalpur 2.

Baje Yadav Son of Late Balli Yadav @ Baleshwar Yadav Resident of Village - Milki Goushala Road, P.O. and P.S. - Naugachia, District - Bhagalpur 3.

Santu Yadav @ Santu Kumar Son of Late Balli Yadav @ Baleshwar Yadav Resident of Village - Milki Goushala Road, P.O. and P.S. - Naugachia, District - Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhrigunath Yadav Son of Chandeshwar Yadav Presently posted as A.S.I., P.S.- Naugachia Bazar, District - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarita Bajaj For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.4536 of 2021(2) dt.21-10-2021 2/3 petitioners that petitioner Nos. 2 and 3 namely Baje Yadav and Santu Yadav @ Santu Kumar have been arrested. Hence, their application for anticipatory bail has become infructuous.

The petitioner No. 1 is apprehending her arrest in a case registered for the offences punishable under Sections 323, 341, 353, 504, 506/34 of the Indian Penal Code.

It is alleged in the F.I.R that when the informant went to search illegal liquor along with dog squad unit, the petitioners along with other co-accused persons obstructed the informant in performance of his official duties.

It is submitted by learned counsel for the petitioners that there is no eye witness to the occurrence and the allegation against the petitioner No. 1 is omnibus and general. A statement has been made in para 3 of the petition that petitioner No. 1 has no criminal antecedent.

Patna High Court CR. MISC. No.4536 of 2021(2) dt.21-10-2021 3/3 In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of her 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 A.C.J.M.-1st, Naugachia in connection with Naugachia P.S. Case No. 91 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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