Arjun Kumar Yadav @ Arjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76241 of 2023 Arising Out of PS. Case No.-23 Year-2019 Thana- GADHPURA District- Begusarai ====================================================== Arjun Kumar Yadav @ Arjun Yadav Son Of Ram Uday Yadav @ Ramu Uday Yadav Resident Of Village- Dharampur Ward No 4, P.S.- Garhpura, DistrictBegusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Garhpura P.S. Case No. 23 of 2019 dated 20.02.2019 registered for the offences punishable u/ss 341, 323, 307, 379, 427, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, while the informant was en route to Samastipur on his truck loaded with sand, two boys riding a bicycle crossed their paths and tragically one of them fell under the truck due to which he died on the spot. Thereafter, 150 unknown miscreants reached there and caught hold of the informant and assaulted him severely on account of

Patna High Court CR. MISC. No.76241 of 2023(2) dt.02-12-2023 2/3 the accident. They also snatched Rs. 5000/-, some documents and mobile from the informant and set the Hyva truck on fire.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner was surfaced in this case during the course of investigation. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on 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 learned court concerned, Begusarai in connection with Garhpura P.S. Case No. 23 of 2019, subject to conditions as laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.76241 of 2023(2) dt.02-12-2023 3/3 Criminal Procedure.

7. The application stands allowed.

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