Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58771 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== 1.

Sanjay Yadav S/O Jiwachh Yadav Resident Of Village- Bheriyarahi, P.S.- Sakatpur, District- Darbhanga 2.

Raju Yadav S/O Jiwachh Yadav Resident Of Village- Bheriyarahi, P.S.- Sakatpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Learned counsel for the petitioners is permitted to make correction in the party position, in course of the day. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 384, 386, 504, 506/34 of the Indian Penal Code. Petitioners along with other accused persons are said to have came at the shop of the informant and demanded a sum of Rs. 50,000/- as Rangdari.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the occurrence took place on

Patna High Court CR. MISC. No.58771 of 2022(2) dt.03-01-2023 2/2 14.11.2021 but the FIR has been lodged on 18.11.2021 after delay of four days. He submits that on the date of occurrence Sanjay Yadav (petitioner no. 1) was at Nasik where he is living for his livelihood. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the petitioners was involved in the present case.

Considering the nature of offence, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Madhepur P.S. Case No. 194 of 2021.

However, if the petitioners surrender before the learned court below within a period of six weeks from today and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T