Abhishek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2287 of 2023 Arising Out of PS. Case No.-254 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== 1.

ABHISHEK YADAV S/O JAGESHWAR YADV Resident of villageChahuta, P.S.- Benipatti, District- Madhubani. 2.

PRINCE KUMAR @ PRINCE YADAV S/O NARESH YADAV Resident of village- Chahuta, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajkumar Rajesh, Advocate :

Mr. BK Verma, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are aged about 18 and 19 years, it is next submitted that from bare perusal of allegation as alleged in the FIR it would manifest that no specific overt act of assault is alleged against any of the petitioners rather allegation of assault is against Naresh Yadav

Patna High Court CR. MISC. No.2287 of 2023(5) dt.03-07-2023 2/3 who is alleged to have assaulted Mahendra Rai with farsa causing injury and Jageshwar Yadav is alleged to have shot the informant with his pistol on his right leg and Dhananjay snatched gold chain from informant's neck.

Learned counsel for the petitioners submits that the petitioners came to be implicated merely because they are related to the accused persons of the case, it is further submitted that petitioners are young boys and in the event, if they are sent to judicial custody in the nature of allegation as alleged, then the chances are bright that they may come in contact with hardened criminals and their entire career would get jeopardized moreso when petitioners are persons with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Benipatti

Patna High Court CR. MISC. No.2287 of 2023(5) dt.03-07-2023 3/3 P.S. Case No. 254 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T