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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76718 of 2023 Arising Out of PS. Case No.-1003 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Bipin Yadav @ Bipin Kumar @ Bipin Kumar Yadav S/O Chandani Yadav Mohalla- Bari Khanjarpur, Jhoparpatti, Ps. Kotwali (BARARI) Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Kotwali Jogsar P.S. Case No. 1003 of 2022 dated 28.10.2022 registered for the offences punishable under Sections 147, 148, 149, 323, 353, 427, 188 and 290 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons were the members of the Pooja Samiti and procession was going on. Due to some dispute the petitioner and the co-accused persons damaged the road side shop and also

Patna High Court CR. MISC. No.76718 of 2023(2) dt.20-12-2023 2/2 assaulted the shopkeepers.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 29.04.2023 passed in Cr. Misc. No. 13670 of 2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhagalpur in connection with Kotwali Jogsar P.S. Case No. 1003 of 2022 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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