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Patna High CourtCR. MISC./83152/2023allowed

Brahmadeo Yadav @ Brahmanand Yadav v. The State Of Bihar

2024-01-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83152 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- KHAIRA District- Jamui ====================================================== BRAHMADEO YADAV @ BRAHMANAND YADAV S/o Mathura Yadav R/o Village-Bela, P.S-Khaira, District-Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 384, 386, 307 and 34 of the IPC and 27 of the Arms Act.

3.

Allegedly, the F.I.R. named accused persons including the petitioners and 5-6 unknown persons came at Balu Ghat and began assaulting the employee and fired 5-6 round and committed loot of Rs.Nine Lakh from the truck. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.83152 of 2023(2) dt.08-01-2024 2/2 general and omnibus in nature. It is submitted that some of the co-accused have been granted anticipatory bail by the Court below itself on the basis that there is a compromise between the parties. Petitioner has six criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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 Khaira P.S. Case No.66 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T