Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63773 of 2022 Arising Out of PS. Case No.-253 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== BECHAN YADAV S/O Ramprasad Yadav R/O Village- Permanadpur , P.SMurliganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 307, 302, 120B, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act.

All the F.I.R. named accused persons including this petitioner and some unknown miscreants armed with deadly weapons are said to have come at the door of the informant and took Manish Kumar (deceased) forcibly on the road nearby the house of one Sudho Yadav and on the order of co-accused Krishnakant Yadav, co-accused Gautam Kumar, Pramod Kumar, Amod Kumar, Vikash Yadav, Prawesh Ram, Rajendra Yadav and Suman Kumar resorted firing on the son of the informant and he succumbed to his injury on the spot.

Patna High Court CR. MISC. No.63773 of 2022(2) dt.17-01-2023 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioner is not specific rather general and omnibus in nature rather the specific overt act is attributed against the co-accused Gautam Kumar, Pramod Kumar, Amod Kumar, Vikash Yadav, Prawesh Ram, Rajendra Yadav and Suman Kumar. Petitioner was only the member of the mob. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as well as the fact that the petitioner was only the member of the mob, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Murliganj P.S. Case No. 253 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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