Mahesh Yadav @ Sohrai Yadav @ Megraj Yadav @ Meghu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64919 of 2023 Arising Out of PS. Case No.-617 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
MAHESH YADAV @ SOHRAI YADAV @ MEGRAJ YADAV @ MEGHU Son of Late Khiredhar Yadav R/o vill - Maniara, P.S. - Muffasil, Distt. - Gaya 2.
Pappu Kumar @ Pappu Yadav Son of Late Ravinder Yadav R/o vill - Maniara, P.S. - Muffasil, Distt. - Gaya 3.
Upendra Yadav Son of Ramji Yadav R/o vill - Maniara, P.S. - Muffasil, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Nandan Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioners is that they along with other co-accused persons abused and assaulted the informant. Anyhow, the informant managed to flee away from the spot to save himself. But the accused persons armed with deadly weapons reached at his house and started pelting stones.
Patna High Court CR. MISC. No.64919 of 2023(2) dt.31-10-2023 2/3 Co-accused Satendra Kumar started firing with an intention to kill him due to which the informant's brother caused fire arm injury on his ankle.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against co-accused Satendra Kumar to fire upon the informant's brother. Similarly situated co-accused have been granted anticipatory bail by a Co-ordinate Bench of this Court. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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
Patna High Court CR. MISC. No.64919 of 2023(2) dt.31-10-2023 3/3 lower Court where the case is pending/successor Court in connection with Muffasil P.S. Case No. 617 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T