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Patna High CourtCR. MISC./67576/2022allowed

Pramod Yadav v. The State Of Bihar

2023-01-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67576 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- GHOSWARI District- Patna ====================================================== 1.

Pramod Yadav S/O Chandeshwar Yadav Resident Of Malpur, P.S.- Ghoswari (Samyagarh), District- Patna 2.

Ravi Yadav S/O Kamalacharan Yadav Resident Of Malpur, P.S.- Ghoswari (Samyagarh), District- Patna 3.

Adhik Yadav S/O Vijay Yadav Resident Of Malpur, P.S.- Ghoswari (Samyagarh), District- Patna 4.

Chandeshwar Yadav S/O Late Ramdeo Yadav Resident Of Malpur, P.S.- Ghoswari (Samyagarh), District- Patna 5.

Thulla Yadav S/O Vijay Yadav Resident Of Malpur, P.S.- Ghoswari (Samyagarh), District- Patna 6.

Sugan Yadav S/O Biresh Yadav Resident Of Malpur, P.S.- Ghoswari (Samyagarh), District- Patna 7.

Bhulan Yadav S/O Biresh Yadav Resident Of Malpur, P.S.- Ghoswari (Samyagarh), District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 332, 333, 327, 353, 337, 338 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, petitioners along with other accused persons named in the FIR fired upon one other group and tried to loot the crops.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.67576 of 2022(2) dt.19-01-2023 2/2 this case. He submits that there is no specific overt act against the petitioners. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 01.12.2022 passed in Cr. Misc. No. 42870 of 2022 and order dated 10.01.2023 passed in Cr. Misc. No. 60115 of 2022. He further submits that petitioner have criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the similarly situated co-accused have already been granted bail, let the above named petitioners 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 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 Ghoswari (Samyagadh OP) P.S. Case No. 60 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T