Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61043 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== RAJESH YADAV Son of Babulal Yadav Resident of Village-Tulsi Bigha, Bandhuwa, P.S.-Muffasil, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 332, 333, 353, 504 and 506 of the Indian Penal Code.

3. Allegedly, the petitioner is said to have created disturbance in the official duty of the police party. It is also alleged that the petitioner and other co-accused persons assaulted the police party due to which some of them got injured.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.61043 of 2023(2) dt.13-10-2023 2/2 omnibus in nature. No specific overt act has been attributed against the petitioner. He has been made accused in the present case only on the basis that his motorcycle was seized on the spot. Petitioner has no criminal antecedent. Similarly situated co-accused person, namely, Chhote Lal has been granted anticipatory bail by this Court vide order dated 31.08.2023 passed in Criminal Miscellaneous No. 54377 of 2023.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond or Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Civil Line P. S. Case No. 163 of 2023, subject to the the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) saurabhkr/- U T