Umesh Chandra Yadav @ Umesh Rai @ Daroga Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83033 of 2024 Arising Out of PS. Case No.-1078 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Umesh Chandra Yadav @ Umesh Rai @ Daroga Rai S/o Late Ambika Yadav @ Ambika Rai R/o Dabar Ki Gali, Hanuman Mandir, Naya Tola Kumhrar, P.S. - Agamkuan, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudal Prasad, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2025 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 341, 323, 307, 506/34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per prosecution case, on 06.11.2023 at about 10:30 AM, when informant went to the plot along with labourers, in the meantime, all the FIR named accused persons including the petitioner gave pressure to stop the work and when the work was not stopped then all the accused persons armed with sharp weapons, bamboo and katta, assaulted the informant due to which he received injury on his head.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed
Patna High Court CR. MISC. No.83033 of 2024(2) dt.31-01-2025 2/2 no offence and has falsely been implicated in the case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused persons have been enlarged on bail this court vide order dated 17.01.2025 passed in Cr. Misc. No. 81393 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, 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 Agamkuan P.S. Case No. 1078 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) aditya/- U T