Upendra Yadav @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69367 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

Upendra Yadav @ Upendra Kumar Son of Late Shiv Murat Singh @ Shiv Murat Yadav Resident of Village - Panchara, P.S. - Kudra, District - Kaimur (Bhabua) 2.

Harendra Yadav @ Harendra Singh Son of Late Shiv Murat Singh @ Shiv Murat Yadav Resident of Village - Panchara, P.S. - Kudra, District - Kaimur (Bhabua) 3.

Nagendra Yadav @ Narendra Singh Son of Late Shiv Murat Singh @ Shiv Murat Yadav Resident of Village - Panchara, P.S. - Kudra, District - Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 2.

3. Permission is granted.

4. Accordingly, the instant application with regard to petitioner no. 2 is dismissed as withdrawn.

5. Now, this application is being heard only with regard to petitioners no. 1 and 3.

Patna High Court CR. MISC. No.69367 of 2024(2) dt.17-10-2024 2/3

6. Heard learned counsel for the petitioners and learned A.P.P. for the State.

7. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 109, 115, 126(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

8. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant.

9. 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 against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

11. 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 no. 1 and 3, be released on bail, in the event of their arrest or surrender before

Patna High Court CR. MISC. No.69367 of 2024(2) dt.17-10-2024 3/3 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 Kudra P.S. Case No.229 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S, 2023.

12. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T