Dev Kumar @ Dev Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83593 of 2023 Arising Out of PS. Case No.-213 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== 1.

Dev Kumar @ Dev Kumar Yadav Son Of Shri Narayan Yadav Resident Of Village - Delho, P.S. - Banke Bazar, District - Gaya 2.

Bhushan Yadav @ Raj Kumar Son Of Uma Yadav @ Nandu Yadav Resident Of Village - Delho, P.S. - Banke Bazar, District - Gaya 3.

Sujeet Kumar Son Of Shri Anchu Yadav Resident Of Village - Delho, P.S. - Banke Bazar, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 307, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that petitioner No. 1 had instituted an FIR against the informant and his side. It is also submitted that informant of the instant case alleges that the accused persons

Patna High Court CR. MISC. No.83593 of 2023(4) dt.26-06-2024 2/3 including the petitioners in drunken state were shouting behind his house and when the informant objected, he was assaulted, thereafter, the accused persons including the petitioners went to the house of Ajay Prasad and even assaulted him causing grievous injury.

4.

Learned counsel next submits that allegation of assault is not specific and Ajay Prasad is not informant of the instant case rather the informant in order to settle score falsely alleged that the accused persons including the petitioners assaulted Ajay causing grievous injury. It is further submitted that had Ajay Prasad been assaulted by the petitioner in that event he would have instituted the instant FIR. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners and the fact that petitioners are persons with clean antecedents, 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

Patna High Court CR. MISC. No.83593 of 2023(4) dt.26-06-2024 3/3 the case is pending/successor court in connection with Roushanganj (Banke Bazar) P.S. Case No. 213 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T