Shyamdev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78878 of 2024 Arising Out of PS. Case No.-849 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Shyamdev Yadav son of Bashudev Kumar Yadav Village- Gualtoli ps -Alamganj Dist- patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate Mr. Amrendra Kumar, Advocate Mr. Prakash Chandra, Advocate For the Opposite Party/s :
Mr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Alamganj P.S. Case No. 849 of 2022, lodged on 01.11.2022 for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 332, 353 and 504 of the Indian Penal Code read with Section 25(1-b)a/26/27/35 of the Arms Act.
3. As per the prosecution, FIR has been lodged against one named and 70-80 unknown accused persons against whom there is allegation that they were creating chaos with weapons and firing shot during the visarjan in Maa Katyayani Puja Samiti.
Patna High Court CR. MISC. No.78878 of 2024(2) dt.06-12-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner is not named in the FIR, and only on suspicion his name has come during investigation. Counsel further submits that the petitioner is a law abiding citizen, aged about 50 years. Counsel further submits that the other co-accused persons have already been granted bail by this Court as well as by the Co-ordinate Bench of this Court vide order dated 23.08.2023, 12.07.2023 & 17.10.2023 passed in Cr. Misc. No. 54714 of 2023, Cr. Misc. No. 26427 of 2023 & Cr. Misc. No. 64503 of 2023 respectively. Counsel also submits that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail and fairly submits that the other co-accused persons have already been granted bail by this Court in this case.
6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M-IV, Patna City in connection with Alamganj P.S. Case No. 849 of 2022, subject to
Patna High Court CR. MISC. No.78878 of 2024(2) dt.06-12-2024 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J) Aman Kumar/- U T