Ram Kundal Yadav @ Kundal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80999 of 2023 Arising Out of PS. Case No.-379 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Ram Kundal Yadav @ Kundal Yadav S/O Late Ram Pravesh Yadav Resident Of Village- Hajipur, P.O.- War, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Vishwakarma, Adv.

For the Opposite Party/s:

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 307, 332, 333, 427 and 504 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 30.08.2023 at about 4:00 pm, the informant received information that two thieves were apprehended by the villagers at the poultry farm of Shiv Pujan Bhagat, the police reached at the said place for verification and necessary action where the accused persons including petitioner started pelting stones and bricks over the police party due to which police party received injuries.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. Petitioner is innocent and has committed no offence as alleged. The allegation levelled against the pe-

Patna High Court CR. MISC. No.80999 of 2023(2) dt.04-01-2024 2/2 titioner is not specific rather general and omnibus in nature. On perusal of injury report, the injury sustained by the victim is found simple in nature. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 20.12.2023 passed in Cr. Misc. No. 81157 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, considering the fact that similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madanpur P.S. Case No. 379 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

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