Gora Yadav @ Rajiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66316 of 2022 Arising Out of PS. Case No.-106 Year-2022 Thana- TARARI District- Bhojpur ====================================================== 1.

GORA YADAV @ RAJIV KUMAR SINGH S/O RAMADHAR SINGH Resident of village- Saidanapur, P.S.- Tarari, District- Bhojpur. (Wrongly mentioned Bansidhar Yadav).

2.

SUDHIR YADAV @ SUDHIR SINGH @ SUDHIR KUMAR SINGH S/O SHEO KUMAR SINGH Resident of village- Saidanapur, P.S.- Tarari, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-02-2023 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Tarari P.S. Case No. 106 of 2022 registered for the offence under section 307 and other allied sections of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners have not committed any offence as alleged in the first information report and they have been falsely implicated in this case. Petitioners have no criminal antecedent. Learned Addl. P.P. appearing for the State opposes the prayer for bail of petitioner no. 1 and submits that there is specific allegation of assault against Gora Yadav, and as such, he

Patna High Court CR. MISC. No.66316 of 2022(3) dt.02-02-2023 2/2 does not deserve to be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner no. 2, above named, are directed to be released on bail on furnishing personal bond to the satisfaction of Judicial Magistrate, 1st Class, Bhojpur, Ara in connection with Tarari P.S. Case No. 106 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. As regards petitioner no. 1, Gora Yadav is concerned, considering that there is direct allegation of assault against him, this Court is not inclined to grant him the privilege of anticipatory bail. His prayer for bail is accordingly rejected. mcv/- (Arvind Srivastava, J) U T