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Patna High CourtCR. MISC./78551/2024allowed

Kundal Yadav v. The State Of Bihar

2024-11-29Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78551 of 2024 Arising Out of PS. Case No.-218 Year-2022 Thana- AMBA District- Aurangabad ====================================================== Kundal Yadav Son of Jagdish Yadav Village- Deora, P.S- Amba, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and Mr. Prem Kumar Jha, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Amba P.S. Case No. 218 of 2022, G.R. No. 2122 of 2022 instituted for the offence under Sections 147, 149, 323, 341, 307, 379, 504, 506 of the Indian Penal Code.

3. The case of the prosecution is that a panchayati was going on at the door of Banarsi Yadav. At that place the petitioner along with others arrived and started abusing. It is further alleged that all the accused persons assaulted the informant. Naresh Yadav assaulted with axe on the head of the informant. It is further alleged that the petitioner has snatched golden chain from the neck of the informant.

4. During course of the argument, learned counsel for

Patna High Court CR. MISC. No.78551 of 2024(2) dt.29-11-2024 2/2 the appellant has submitted that nothing has been recovered from the possession of the petitioner. The petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner. The allegation is general and omnibus. The only allegation against petitioner is regarding snatching of golden chain which appears to be superaddition. The petitioner is having no criminal antecedent.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Amba P.S. Case No. 218 of 2022, G.R. No.2122 of 2022 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T