Sangam Yadav @ Sangram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81427 of 2024 Arising Out of PS. Case No.-234 Year-2024 Thana- AMAS District- Gaya ====================================================== 1.
Sangam Yadav @ Sangram Yadav Son of Durga yadav Resident of Village - Babandih, P.S. - Amas, District - Gaya, Bihar 2.
Ayush Kumar Son of Anuj Gupta Resident of Village - Babandih, P.S. - Amas, District - Gaya, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. N.K. Agrawal, Sr. Advocate.
Mr. Kumar Rajdeep, Advocate.
For the State :
Mr. Shyameshwar Dayal, Advocate.
For the informant :
Mr. Krishna Prabhat, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Amas P.S. Case No. 234 of 2024 dated 24.07.2024, registered for the offences punishable under Sections 126(2), 115(2), 303(2), 352, 351(2) (3)/3 (5) of Bihar Nayay Sanhita and Section 25(1-b) a, 26, 35 and 27 of the Arms Act.
3. There is allegation of snatching chain and Rs.2,500/- and also threatening and teasing the informant's daughter.
4. Learned counsel for the Petitioners submits that
Patna High Court CR. MISC. No.81427 of 2024(2) dt.04-12-2024 2/3 the Petitioners, who are youngsters, are innocent and have falsely been implicated in this case on account of community rivalry in the village. He further submits that all the allegations are baseless without any evidence and even allegation regarding teasing of daughter of the informant is false because there was no previous complaint regarding teasing of daughter of the informant.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that Petitioner No. 1 was made accused in Amas P.S. Case No. 193 of 2019 filed under Section 363 and 365 of the Indian Penal Code in which he has been acquitted whereas the petitioner No. 2 has clean antecedent.
7. Ld. counsel for the informant and Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their
Patna High Court CR. MISC. No.81427 of 2024(2) dt.04-12-2024 3/3 furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, in connection with Amas P.S. Case No. 234 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T