Udyanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80390 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Udyanand Yadav S/O Beni Yadav Resident of Village-Tamaut Parsa, Ward No. 9, P.S- Murliganj, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Murliganj P.S. Case no. 372 of 2023 registered under sections 307, 379, 341, 323, 324, 354B, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the nine named accused persons including the petitioner herein came variously armed. It is stated that over a dispute relating to flow of rain water, abuse was hurled and on protest by the informant, the accused persons brutally assaulted the brother and nephew of the informant. They took away Rs. 12,000/- in cash as also a gold chain.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.80390 of 2024(3) dt.20-12-2024 2/3 petitioner has been falsely implicated in the case. The case of the petitioner stands on a similar footing to that of seven other F.I.R named co-accused who have been enlarged on bail by a common order dated 14.11.2024 passed in Cr. Misc. no. 75042 of 2024 and Cr. Misc. no. 75408 of 2024. It is submitted that besides the allegations being general and omnibus in nature, for an occurrence said to have taken place on 30.8.2023, an F.I.R from the petitioner's side was registered on 2.9.2023 being Murliganj P.S. Case no. 362 of 2023. It was much later on 7.9.2023 that to set up a defence that the instant F.I.R has been registered with respect to same occurrence. Thus, there is an unexplained delay of about 8 days in lodging of the F.I.R. The petitioner has no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the submissions made by learned counsel for the petitioner, the delay in lodging of the instant F.I.R, the petitioner not having any criminal antecedent and grant of bail to the seven other similarly situated co-accused vide aforesaid order dated 14.11.2024, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks,
Patna High Court CR. MISC. No.80390 of 2024(3) dt.20-12-2024 3/3 be released on anticipatory bail in connection with Murliganj P.S. Case no. 372 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Madhepura.
(Partha Sarthy, J) Harsh/- U T