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Patna High CourtCR. MISC./56199/2022allowed

Randhir Kumar Yadav @ Randhir Kumar v. The State Of Bihar

2022-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56199 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== RANDHIR KUMAR YADAV @ RANDHIR KUMAR S/o Shree Nivas Yadav Resident of Village- Bhuthri, Bachhwara, P.S.- Bachhwara, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1 For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 149, 307, 504 of the Indian Penal Code.

Allegedly, the petitioner including all accused persons assaulted the informant's son by means of several weapons due to which he sustained injuries.

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 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.56199 of 2022(2) dt.20-12-2022 2/2 petitioner. The specific allegation is against the co-accused Subhash Yadav to assault the son of the informant by means of iron rod. He further submits that similarly situated co-accused has been granted anticipatory bail by this Court. Petitioner has one criminal antecedent.

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

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner 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 Bacchwara P.S. Case No.109 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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