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Patna High CourtCR. MISC./53264/2022allowed

Manoj Yadav v. The State Of Bihar

2022-12-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53264 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

MANOJ YADAV S/o Laldhari Yadav Resident of Village- Pakilpar Ward No.1, P.S.- Murliganj, District- Madhepura.

2.

Biren Yadav S/o Laldhari Yadav Resident of Village- Pakilpar Ward No.1, P.S.- Murliganj, District- Madhepura.

3.

Sanoj Yadav S/o Laldhari Yadav Resident of Village- Pakilpar Ward No.1, P.S.- Murliganj, District- Madhepura.

4.

Dinesh Yadav S/o Late Girdhari Yadav Resident of Village- Pakilpar Ward No.1, P.S.- Murliganj, District- Madhepura.

5.

Vivek Yadav S/o Late Girdhari Yadav Resident of Village- Pakilpar Ward No.1, P.S.- Murliganj, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2022 Heard both sides.

The petitioners apprehend their arrest in connection with Murliganj P.S. Case No.78 of 2022, registered for the offences punishable under Sections 448, 341, 323, 307, 324, 354(A), 379, 427, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the

Patna High Court CR. MISC. No.53264 of 2022(2) dt.14-12-2022 2/2 parties. It is submitted that the occurrence took place on 06.02.2022 and FIR was lodged on 18.02.2022 after delay of 12 days without giving any explanation which creates a serious doubt on the veracity of the prosecution case. It is also submitted that the injuries sustained by the injured persons are simple in nature.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts and circumstances of the case, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Madhepura in connection with Murliganj P.S. Case No.78 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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