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Patna High CourtCR. MISC./79031/2024allowed

Jarikan Yadav v. The State Of Bihar

2024-12-02Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79031 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

Jarikan Yadav, S/o Late Bale Yadav, Resident of Mohalla- Mahalpur, P.S.- Biharsharif, District- Nalanda 2.

Dularchand Yadav, S/o Jarikan Yadav, Resident of Mohalla- Mahalpur, P.S.- Biharsharif, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Abhishek, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioners and Mr. Akshay Lal Pandit, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Deepnagar P.S. Case No. 214 of 2024 instituted for the offence under Sections 147, 148, 149, 307 of the Indian Penal Code and Sections 25(1-B) (a), 26, 35 and 27 of the Arms Act.

3. The case of the prosecution is that the petitioners and others were making fire on each other at about 10.30 P.M. The local Chaukidar tried to apprehend them but they managed to escape.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.79031 of 2024(2) dt.02-12-2024 2/2 petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the F.I.R. itself it is clear that nobody has sustained any injury. Petitioners are having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Deepnagar P.S. Case No. 214 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif at Nalanda, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T