Saryug Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60263 of 2023 Arising Out of PS. Case No.-684 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== 1.
Saryug Yadav Son Of Anup Yadav Resident Of Village- Pipradewas Baba Sthan, Ps- Barauni, Distt- Begusarai 2.
Rinku Devi Wife Of Saryug Yadav Resident Of Village- Pipradewas Baba Sthan, Ps- Barauni, Distt- Begusarai 3.
Meera Kumari Daughter Of Saryug Yadav Resident Of Village- Pipradewas Baba Sthan, Ps- Barauni, Distt- Begusarai 4.
Amol Kumar Son Of Saryug Yadav Resident Of Village- Pipradewas Baba Sthan, Ps- Barauni, Distt- Begusarai 5.
Shiromani Kumari Daughter Of Saryug Yadav Resident Of VillagePipradewas Baba Sthan, Ps- Barauni, Distt- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nidhi Anand, Adv.
Mrs. Suruchi Anand, Adv.
For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 353, 332, 427, 504, 307 of the Indian Penal Code.
3. As per the prosecution case, when the police party reached at the house of the petitioner no. 1, then petitioners and other accused persons abused and assaulted the police party. They also damaged the police vehicle.
Patna High Court CR. MISC. No.60263 of 2023(2) dt.13-10-2023 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that during the course of investigation, all the witnesses who were examined are interested witnesses and part of that police team. He further submits that the petitioners only opposed the police actions against the law, as they entered the petitioners house at around 18:50 hours in the month of December without giving proper notice to female. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioners are also involved in the present case.
6. Having regard to the facts and circumstances of the case and the fact that petitioners no. 2, 3 and 5 are female, let the above named petitioners no.2, 3 and 5, 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
Patna High Court CR. MISC. No.60263 of 2023(2) dt.13-10-2023 3/3 pending/successor Court in connection with Barauni P.S. Case No. 684 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge petitioners no.1 and 4 on anticipatory bail. The prayer for anticipatory bail of the petitioners no. 1 and 4 is hereby rejected.
8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T