Patna High CourtCR. MISC./1273/2024bail granted

Ashok Yadav v. The State Of Bihar

2024-02-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1273 of 2024 Arising Out of PS. Case No.-336 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Ashok Yadav S/O- Raju Yadav @ Rajo Yadav @ Raja Yadav Village- Bisar PS- Mufassil District- Gaya 2.

Anil Yadav S/O- Raju Yadav @ Rajo Yadav @ Raja Yadav Village- Bisar PS- Mufassil District- Gaya 3.

Birju Yadav S/O- Raju Yadav @ Rajo Yadav @ Raja Yadav Village- Bisar PS- Mufassil District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-02-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Muffasil P.S Case No. 336 of 2022, dated 21.05.2022, registered for the offences punishable under Sections 147, 341, 323, 307, 337, 338, 504 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioners along

Patna High Court CR. MISC. No.1273 of 2024(2) dt.12-02-2024 2/3 with other 17 accused persons are alleged to have assaulted the son of the informant with an intention to kill him.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner no. 3 has no criminal antecedent whereas petitioners no. 2 and 3 have one case in which they are on bail as stated in Para 3 of the bail petition. He further submitted that petitioners are only members of the mob. Similarly situated co-accused namely Ranjit Yadav @ Munna Kumar, Mathura Yadav @ Mathur Yadav, Vikash Yadav @ Vikash Kumar Vinay Yadav @ Vinay Kumar Yadav @Vinay Kumar have already been granted anticipatory bail vide Cr. Misc. No. 13373/2023 and Cr. Misc. No. 71403/2023 vide order dated 22.05.2023 and 07.11.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case and the general and omnibus allegation levelled against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.1273 of 2024(2) dt.12-02-2024 3/3 concerned, Gaya in connection with Muffasil P.S. Case No. 336 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T