Arun Yadav @ Arun Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57313 of 2024 Arising Out of PS. Case No.-353 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.
Arun Yadav @ Arun Kumar Yadav Son Of Late Bhosai Yadav R/V- VillageSurmaha, Ward No. 3, P.S.- Saurbazar (PATARGHAT O.P.), Distt.- Saharsa 2.
Suwan Yadav @ Suman Kumar Son Of Sri Arun Yadav @ Arun Kumar Yadav R/V- Village- Surmaha, Ward No. 3, P.S.- Saurbazar (PATARGHAT O.P.), Distt.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Anand For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 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, 307, 384, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners along with other co-accused persons and 8-10 unknown persons are said to have surrounded the informant and his brothers and fired bullet with intention to kill him and assaulted by fists and slaps due to non-fulfillment of extortion money.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.57313 of 2024(2) dt.11-09-2024 2/2 specific rather general and omnibus in nature. He submits that the police after investigation submitted final form against the petitioners, thereafter, the informant filed protest petition in the learned Court below and on the basis of protest petition the learned Court below took cognizance against the petitioners. 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 fact that there is no specific overt act against the petitioner, 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 Sour Bazar (Patarghat) P.S. Case No.353 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