Shailendra Kumar @ Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70591 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- Panchanpur District- Gaya ====================================================== 1.

Shailendra Kumar @ Karu Yadav, S/o Rajdeo Prasad @ Rajdeo Yadav, R/o Village- Matai, P.S.- Panchanpur, District- Gaya 2.

Ram Binay Kumar @ Rambinay Kumar @ Pandit Kumar @ Pandit Yadav, S/o - Siya Sharan Yadav @ Siyasharan Yadav, R/o Village- Matai, P.S.- Panchanpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-10-2024 Heard Mr. Aryan Singh, learned counsel for the petitioners and Mr. Satyendra Narayan Singh, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Panchanpur P.S. Case No. 12/2024 dated 16.03.2024 registered for the offences punishable under Sections 147, 148, 149, 325, 326, 307, 379, 385, 504 and 506 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioners are that altogether eleven persons including the petitioners have been named in the FIR and they are alleged to have assaulted the informant and an employee of

Patna High Court CR. MISC. No.70591 of 2024(2) dt.23-10-2024 2/3 the informant's company, namely, Narayan Kumar but there is no specific allegation against both the petitioners and the alleged occurrence was result of illegal lifting of sand from the village of the petitioners and co-accused persons, moreover the so-called injured persons sustained simple injuries. It is further submitted that the petitioners have fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Considering the facts and circumstances of this case as well as the nature of allegation appearing against the petitioners and mainly the fact that as per above submission, two persons are said to have sustained injuries in the alleged occurrence whose injuries have been opined to be simple in nature by the Doctor concerned also coupled with petitioners' fair and clean antecedent, this Court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let both the petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Panchanpur P.S. Case No. 12 of

Patna High Court CR. MISC. No.70591 of 2024(2) dt.23-10-2024 3/3 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) annu/- U T