Ashok Yadav @ Ashok Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2971 of 2024 Arising Out of PS. Case No.-168 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Ashok Yadav @ Ashok Kumar Yadav S/o Sudan Yadav Village- Jhanjhpatti, Ps. Jhanjhpatti, Dist. Sirha (Nepal).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate Mr. Pranav Kumar Jha, Advocate Mr. Subodh Kr. Jha, Advocate For the Opposite Party/s :
Mr. Binod Kumar no. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Laukaha (Lalmaniya) P.S. Case No. 168 of 2022 dated 27.06.2022 instituted for the offence punishable under Sections 341, 342, 323, 353, 379, 504, 506, 188, 224, 225/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 27.06.2022 at about 16.00hrs, the petitioner along with other six named accused persons and 100 unknown persons, armed with lathidanda, assaulted the police personnel with fists and succeeded to get the apprehended person, namely, Vikash Kumar, free from the possession of the police personnel.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.2971 of 2024(2) dt.31-01-2024 2/2 case. It is further submitted that First Informant Report has been lodged against the seven named and hundred unknown persons. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. It is further submitted that the informant is chaukidar of the local village, who disclosed the name of the petitioner due to village politics. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Laukaha (Lalmaniya) P.S. Case No. 168 of 2022, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur, District-Madhubani subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T