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Patna High CourtCR. MISC./57751/2022allowed

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

2023-01-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57751 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== 1.

SANDEEP KUMAR YADAV @ SANDEEP YADAV S/O BALIRAM YADAV Resident of village- Balthar, Arya Nagar, P.S.- Balthar, DistrictWest Champaran. 2.

SANJAY KUMAR YADAV @ SANJAY YADAV S/O JAGAT YADAV Resident of village- Balthar, Arya Nagar, P.S.- Balthar, District- West Champaran.

3.

BALIRAM YADAV @ BALRAM YADAV S/O LATE DWARKA PRASAD Resident of village- Balthar, Arya Nagar, P.S.- Balthar, District- West Champaran.

4.

JAGAT YADAV S/O KAILASH YADAV Resident of village- Balthar, Arya Nagar, P.S.- Balthar, District- West Champaran. 5.

RAJHARAN YADAV S/O BISHWANATH YADAV Resident of villageBalthar, Arya Nagar, P.S.- Balthar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Balthar P.S. Case No.44 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 353, 186 and 188 of the Indian Penal Code.

As per F.I.R., 373 named persons including these petitioners and 100 unknown persons resorted to blockage of road and committed violence with the police party in protest of death of one person.

Patna High Court CR. MISC. No.57751 of 2022(2) dt.02-01-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that similarly situated other coaccused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.12.2022 passed in Cr. Misc. No.50562 of 2022 and Cr. Misc. No.50475 of 2022.

Considering the fact that other co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Balthar P.S. Case No.44 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T