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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78695 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- LAURIA District- West Champaran ====================================================== 1.

Dilip Yadav @ Dilip Kumar Yadav Son Of Late Shiv Shankar Yadav Resident Of Village - Marahiya Lauriya, Police Station - Lauriya, District - West Champaran 2.

Upendra Kumar @ Upendra Kumar Yadav Son Of Late Harendra Yadav Resident Of Village - Marahiya Lauriya, Police Station - Lauriya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prerna Anand, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, there is allegation against the petitioners that they along with other co-accused persons assaulted the informant party by means of farsa and iron rod.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.78695 of 2023(2) dt.11-12-2023 2/2 case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that one of the injuries was found grievous in nature but it is not clear that who assaulted Chhotan Yadav. He further submits that petitioner no.1 has got four criminal antecedents and petitioner no.2 has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. 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 Lauriya P.S. Case No.194 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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