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Patna High CourtCR. MISC./51491/2023allowed

Ramswarath Yadav v. The State Of Bihar

2023-08-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51491 of 2023 Arising Out of PS. Case No.-583 Year-2022 Thana- TEKARI District- Gaya ====================================================== 1.

Ramswarath Yadav Son Of Brat Yadav Resident Of Village- Alalpur, PsTekari, Distt- Gaya 2.

Mukesh Yadav@ Mukesh Kumar Son Of Ramswarth Yadav Resident Of Village- Alalpur, Ps- Tekari, Distt- Gaya 3.

Yogendra Yadav @ Yogendra Kumar Son Of Ramswarth Yadv Resident Of Village- Alalpur, Ps- Tekari, Distt- Gaya 4.

Rakesh Yadav @ Rakesh Kumar Son Of Ramswarth Yadav Resident Of Village- Alalpur, Ps- Tekari, Distt- Gaya 5.

Anil Yadav Son Of Rambrat Yadav Resident Of Village- Alalpur, Ps- Tekari, Distt- Gaya 6.

Sunil Yadav @ Sunil Gope Son Of Rambrat Yadav Resident Of VillageAlalpur, Ps- Tekari, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 354, 379, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioners is that they along with other accused persons are said to have assaulted the informant and his wife.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.51491 of 2023(2) dt.30-08-2023 2/2 petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the injury was found simple in nature, it is clear from the impugned order. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the nature of the injury, 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 lower Court where the case is pending/successor Court in connection with Tekari P.S. Case No.583 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T