Appu Yadav @ Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65990 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- AGION (GARHANI) District- Bhojpur ====================================================== 1.
Appu Yadav @ Amar Kumar Son Of Kamla Yadav @ Kamla Singh Resident Of Village- Dubauli, Ps- Agion (G), Distt- Bhojpur 2.
Kamla Yadav @ Kamla Singh Son Of Buttan Yadav Resident Of VillageDubauli, Ps- Agion (G), Distt- Bhojpur 3.
Munna Yadav @ Munna Kumar Son Of Maheshi Yadav Resident Of Village- Dubauli, Ps- Agion (G), Distt- Bhojpur 4.
Sonu Yadav @ Sonu Kumar Son Of Maheshi Yadav Resident Of VillageDubauli, Ps- Agion (G), Distt- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
For the Informant :
Mr. Raju Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State as well as learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per F.I.R., the informant alleged that petitioners and other co-accused persons assaulted his niece very brutally by means of lathi-danda and various weapons.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. He further submits that
Patna High Court CR. MISC. No.65990 of 2023(2) dt.02-11-2023 2/2 there is no specific allegation of overt-act is against these petitioners rather general and omnibus in nature and there is specific allegation against co-accused who fired upon Deepak Yadav which causes grievious injury and this fact was not denied by the learned counsel for the informant. He further submits that petitioners have no specific allegation of assault they deliberately made an accused in this case due to previous enmity and dirty village politics. 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, 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 Agion (G) P.S. Case No. 112 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T