Mulayam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 68453 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- THAWE District- Gopalganj ====================================================== 1.

Mulayam Yadav S/o Brahma Yadav @ Brahma Chaudhari R/o VillageHarbasa, P.S.- Thawe, Distt- Gopalganj. 2.

Bittu Yadav @ Bittu Kumar Yadav S/o Brahma Yadav @ Brahma Chaudhari R/o Village- Harbasa, P.S.- Thawe, Distt- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gautam Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 1 as he has already been arrested. Permission is granted.

The anticipatory bail application with regard to petitioner No. 1 is dismissed as withdrawn.

Heard the parties.

Petitioner No.2 apprehends arrest in a case registered for the offences punishable under Sections 302, 379/34 of the Indian Penal Code.

Prosecution case, in brief, is that all the F.I.R. named accused persons including this petitioner abused and assaulted

Patna High Court CR. MISC. No. 68453 of 2022(5) dt.04-07-2023 2/2 the father of the informant and took away motorcycle of the informant.

Learned counsel appearing for the petitioner submits that specific accusation of assault and is against other accused persons and petitioner is only alleged to be the order giver. Petitioner has got clean antecedent.

Learned counsel for the informant vehemently opposes the bail application.

Considering the nature of accusation and facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner No. 2 in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Thawe P. S. Case No. 201 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T