Dani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79773 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MEHUSH District- Sheikhpura ====================================================== Dani Yadav, (male), aged about 35 years, Son of Shri Chandra Yadav; R/O Village- Lodipur, P.S.- Mehus, District- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Mehus P.S Case No. 22 of 2023 dated 18.06.2023 registered for the offence punishable u/s 147, 149, 341, 323, 353, 327, 324, 325, 307, 332, 333, 504, 506 of the Indian Penal Code.

4. As per the prosecution case, on 17.06.2023 at 13:15 house, the informant along with other officers

Patna High Court CR. MISC. No.79773 of 2023(2) dt.25-01-2024 2/3 investigated a disputed land. The investigation was conducted in the presence of both the parties, but the petitioner and his family members became aggressive. The co-accused Sanjay Yadav, his wife, the petitioner, Dani Yadav all became aggressive and started making hue and cry. On being stopped, the co-accused Sanjay Yadav abused and pushed the C.O., Sheikhpura. It is further alleged that all the accused persons started pelting bricks and stones due to which constable Amol Kumar and the informant got injured and they caused hindrance in discharge of the official duty.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the informant sustained simple injury. Learned counsel has further submitted that there is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and

Patna High Court CR. MISC. No.79773 of 2023(2) dt.25-01-2024 3/3 circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheikhpura in connection with Mehus P.S Case No. 22 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T