Sonu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5186 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== 1.

SONU YADAV Son of Siddhi Yadav R/v- English, P.S.- Sabour, DistrictBhagalpur 2.

MITHUN YADAV @ MITHU YADAV @ MITHUN Son of Siddhi Yadav R/v- English, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 504 & 34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

As per the prosecution case, all the accused persons including the petitioners committed theft of one goat and one she goat. When the informant went to the house of the accused persons, they pushed her and threatened with dire consequences. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.5186 of 2023(2) dt.07-04-2023 2/3 case. He further submits that due to prior land dispute the petitioner has been falsely dragged in this case. He submits that there is delay of 3 days in filing of the present FIR and there is no any explanation about it which creates serious doubt about the prosecution case. He further submits that there is case and counter case between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Petitioners are agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the account of Bihar State Bar Council Welfare Fund, bearing Account No. 31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sabour P.S. Case

Patna High Court CR. MISC. No.5186 of 2023(2) dt.07-04-2023 3/3 No.175/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.

(Anjani Kumar Sharan, J) ajay/- U T