Bana @ Dharmendra Kumar @ Bana Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84995 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Bana @ Dharmendra Kumar @ Bana Yadav Son Of Sri Ram Pravesh Yadav R/O Village- Budhandhichak, Milki, P.S.- Barh, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 336, 353, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner that he along with 10-12 persons assaulted the informant and pelted stone upon him and created hindrance in discharging his official duty.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner.

Patna High Court CR. MISC. No.84995 of 2023(2) dt.15-01-2024 2/2 He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 03.11.2023 passed in Cr. Misc. No. 67335 of 2023. He further submits that petitioner has four criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Rail (Bakhtiyarpur) Barh P.S. Case No. 74 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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