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Patna High CourtCR. MISC./84596/2023allowed

Raj Yadav @ Tribhuwan Kumar v. The State Of Bihar

2024-01-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84596 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Raj Yadav @ Tribhuwan Kumar S/o Girja Yadav R/o Village-Patut, P.SRanitalab, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 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 341, 342, 323, 325, 354, 354(B), 379, 504, 506 and 509/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant and his family members.

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

Patna High Court CR. MISC. No.84596 of 2023(2) dt.12-01-2024 2/2 submits that there is no eye-witness in the present case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that this case is found true for the offences u/s 341, 342, 323, 325, 354(B), 379, 504, 506 and 509/34 of the I.P.C. and Section 8/12 of the POCSO Act against the petitioner and other co-accused persons.

6. Considering the facts and circumstances of the case and the fact that 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 Ranitalab P.S. Case No. 253 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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