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Patna High CourtCR. MISC./4576/2023allowed

Biru Yadav v. The State Of Bihar

2023-04-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4576 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== BIRU YADAV Son of Late Ramswarup Yadav @ RAMSWARUP PRASAD R/V- Mastanganj, P.S- Akbarpur, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 149, 323, 504, 506 of the IPC and sections 3, 4, 5 of Explosive Substance Act, 1908. Allegedly, the F.I.R. named accused persons including the petitioner is said to have abused and assaulted the informant. Thereafter, they came armed with pistol and exploded bombs near the house of informant and fled away.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.4576 of 2023(2) dt.06-04-2023 2/2 omnibus in nature. Petitioner has two criminal antecedent and similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 20.03.2023 passed in Cr. Misc. No.68704 of 2022. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Akbarpur P.S. Case No.337/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T