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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61203 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- BHADAUR District- Patna ====================================================== 1.

ASHOK KUMAR YADAV @ ASHOK YADAV Son of Brahamdeo Yadav Resident of Village- Aadampur, P.S.- Bhadaur, District- Patna 2.

ROSHAN YADAV @ ROSHAN KUMAR Son of Alkhadev Yadav Resident of Village- Aadampur, P.S.- Bhadaur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhim Sen Prasad For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 379, 504, 34 of the Indian Penal Code and 27 of Arms Act. The allegation against the petitioners is that they alongwith other co-accused persons assaulted the informant by means of deadly weapons due to which he sustained injuries. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. He further

Patna High Court CR. MISC. No.61203 of 2022(6) dt.01-05-2023 2/2 submits that though one injury has been found grievous in nature but there is no specific allegation against the petitioners to assault the informant due to which he got grievous injury. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

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

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) 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 Bhadaur P.S. Case No.04 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