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Patna High CourtCR. MISC./64201/2021allowed

Satyanarayan Yadav v. The State Of Bihar

2022-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64201 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== SATYANARAYAN YADAV S/o Hulas Yadav R/o village- Nasratpur, P.S.- Sandesh, Distt.- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147/148/149/341/323/504/506/379/411/353/307/188/427/201 of the Indian Penal Code.

Allegedly, while the police party after making a raid was returning with the seized loader machine, which was being used by the sand lifters, about 13 named accused and 10-15 unknown attacked the police party and took away to the loader machine. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.64201 of 2021(3) dt.18-08-2022 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. It has come in the impugned order dated the injury report of the injured suggests that all the injuries are superficial in nature. It is further submitted that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has two criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner, let him, be released on bail, in the event of his 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) 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 Sandesh P.S. Case No.154/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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