Anshu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74049 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== 1.

Anshu Kumar Yadav son of Laxmi Prasad Yadav Village - Simiraha, PsKhanpur, Dist- Samastipur 2.

Sachin Kumar Yadav son of Radha Prasad Yadav Village - Simiraha, PsKhanpur, Dist- Samastipur 3.

Raja Kumar Yadav @ Raja Kumar son of Laxman Yadav Village - Simiraha, Ps- Khanpur, Dist- Samastipur 4.

Chote Kumar Yadav Son of Laxaman Yadav Village - Simiraha, PsKhanpur, Dist- Samastipur 5.

Shubh Kumar Yadav son of Radha Prashad Yadav Village - Simiraha, PsKhanpur, Dist- Samastipur 6.

Nitish Kumar Yadav Son of Bindeshwari Yadav Village - Simiraha, PsKhanpur, Dist- Samastipur 7.

Md. Salim son of Bhola Miya Village - Fatehpur, Ps- Khanpur, DistSamstipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Khanpur P.S Case No. 133 of 2024 dated 04.07.2024 registered for the offence punishable u/s 341, 323, 385, 387, 379, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.74049 of 2024(2) dt.23-10-2024 2/3 co-accused persons are alleged to have damaged the shop of the informant and looted the groceries and cash of Rs. 20,000/- from his shop and they also took away watch, chain worth Rs. 1,00,000/-, a goat worth of Rs. 10,000/- and also damaged the motorcycle of the informant.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has four criminal antecedents, the petitioner no. 2 has four criminal antecedents, the petitioner no. 3 has two criminal antecedent, the petitioner no. 4 has two criminal antecedents, the petitioner no. 5 has two criminal antecedents, the petitioner no. 6 has three criminal antecedents and the petitioner no. 7 has two criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of

Patna High Court CR. MISC. No.74049 of 2024(2) dt.23-10-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Khanpur P.S Case No. 133 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T