Shiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58423 of 2024 Arising Out of PS. Case No.-341 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

Shiv Kumar Yadav Son Of Late Jagdambi Yadav Village- Amarpur, Ward No. 2, Po- Kahara, Ps- Sonbarsa Kachahari, Dist- Saharsa 2.

Chandan Yadav Son Of Late Jagdambi Yadav Village- Amarpur, Ward No. 2, Po- Kahara, Ps- Sonbarsa Kachahari, Dist- Saharsa 3.

Ramesh Yadav Son Of Late Jagdambi Yadav Village- Amarpur, Ward No. 2, Po- Kahara, Ps- Sonbarsa Kachahari, Dist- Saharsa 4.

Ajit Yadav @ Ajit Kumar Son Of Chandan Yadav Village- Amarpur, Ward No. 2, Po- Kahara, Ps- Sonbarsa Kachahari, Dist- Saharsa 5.

Amarjeet Kumar Son Of Chandan Yadav Village- Amarpur, Ward No. 2, PoKahara, Ps- Sonbarsa Kachahari, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Saurav For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 188, 290, 399, 402, 332, 336, 337, 353, 224, 225, 504/34 of the Indian Penal Code and Section 25(1-B) (a), 25(g), 26, 35 of the Arms Act.

3. Petitioners are said to have attacked on the police personnel, prevented them from discharging their official duty and extricated accused Suraj Kumar from the custody of police.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.58423 of 2024(2) dt.25-09-2024 2/2 levelled against the petitioners. He submits that there is no independent witness to the alleged occurrence. He submits that the accused Suraj Kumar has surrendered before the learned court below. He submits that the petitioners are the family members of accused Suraj Kumar. He further submits that petitioner no. 1 has no criminal antecedent and petitioner nos. 2 to 5 have one criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the facts and circumstances of the case, let the above named petitioners 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 bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Saharsa Sadar P.S. Case No. 341 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T