Upen Yadav @ Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61221 of 2022 Arising Out of PS. Case No.-241 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Upen Yadav @ Upendra Yadav Son Of Late Raghuveer Yadav Resident Of Village - Pathraha, P.S.- Madhepura, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard Mr. Uday Chand Prasad, learned counsel appearing on behalf of the petitioner and Mr. Raj Kishor, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No. 241 of 2021 registered under Sections 147, 148, 149, 341, 323, 325, 307, 353, 332, 333, 427, 504 and 188 of the Indian Penal Code read with Section 27 of the Arms Act.

3. The prosecution story, in brief, is that some unknown persons blocked the road by barricading bamboo and burning tyres.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner was not apprehended at the place of occurrence and he has falsely been implicated in the present case. Learned counsel further submitted that petitioner

Patna High Court CR. MISC. No.61221 of 2022(2) dt.29-04-2023 2/2 has clean antecedent.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the fact that petitioner is not named in the F.I.R. rather his name has surfaced in course of investigation, no material has been collected against the petitioner, I am of the opinion that the petitioner has made out a, prima facie, case to be released on anticipatory bail.

7. The Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-I, Madhepura in connection with Singheshwar P.S. Case No. 241 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The present bail application is disposed of. (Purnendu Singh, J) minu/- U T