Ankit Kumar @ Ankit Yadav @ Pradhan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56757 of 2022 Arising Out of PS. Case No.-702 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.
ANKIT KUMAR @ ANKIT YADAV @ PRADHAN YADAV S/O BIMAL YADAV Resident of village- Kachra, Ward No- 8, P.S.- Sour Bazar, DistrictSaharsa, Bihar 2.
SHASHI BHUSHAN PRASAD @ SHASHI BHUSHAN YADAV @ BIMAL YADAV S/O JAGDISH YADAV Resident of village- Kachra, Ward No- 8, P.S.- Sour Bazar, District- Saharsa, Bihar 3.
ARVIND YADAV S/O JAGDISH YADAV Resident of village- Kachra, Ward No- 8, P.S.- Sour Bazar, District- Saharsa, Bihar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Surendra Mohan For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 354, 307, 380, 448, 504/34 of the Indian Penal Code. Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant's side by means of various weapons.
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. The
Patna High Court CR. MISC. No.56757 of 2022(2) dt.20-12-2022 2/3 allegation leveled against the petitioners is not specific rather general and omnibus in nature. He submits that after investigation police has filed final form against the petitioner no.1 and 3, but differing with the same the learned court below took cognizance against the petitioner no.1 and 3. Petitioner no.2 was given the benefit of section 41(i) Cr.P.C. by the police but later on charge sheet has been submitted against the petitioner. He further submits that similarly situated co-accused has been granted anticipatory bail by this court in Cr. Misc. No.10920 of 2022. Petitioner no.1 and 3 has one criminal antecedent, petitioner no.2 has two criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, as similarly situated co-accused has been granted bail by this Court, 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 Sour Bazar P.S. Case No.702 of 2018,
Patna High Court CR. MISC. No.56757 of 2022(2) dt.20-12-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T