Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69447 of 2024 Arising Out of PS. Case No.-584 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Bablu Yadav S/O Late Munnilal Yadav R/O Village- Chaman Tola, P.SKhagaria (Mufassil), Distt.- Khagaria. 2.

Kishori Yadav S/O Yogendra Yadav @ Yogi Yadav R/O Village- Chaman Tola, P.S- Khagaria (Mufassil), Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 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 341, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, it is alleged that the petitioner along with other co-accused persons are said to have fired upon the informant's husband due to which he died on the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that there is specific allegation against co-accused

Patna High Court CR. MISC. No.69447 of 2024(2) dt.17-10-2024 2/2 Bulbul Yadav. He next submits that after investigation the police has submitted final form against the petitioners but the learned Court below differed the final form and took cognizance against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case and the fact that 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 lower Court where the case is pending/successor Court in connection with Khagaria (Mufassil) P.S. Case No.584 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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