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Patna High CourtCR. MISC./1889/2024bail granted

Tarkeshwar Yadav @ Sukhal v. The State Of Bihar

2024-01-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1889 of 2024 Arising Out of PS. Case No.-449 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Tarkeshwar Yadav @ Sukhal son of Late Savsar Yadav Village- Chhotki Sandiya Ps- Ara Muffasil Dist- Bhojpur 2.

Kamlesh Yadav son of Late Savsar Yadav Village- Chhotki Sandiya Ps- Ara Muffasil Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Ara Muffasil P.S. Case No.449/2023, lodged on 19.10.2023 under Sections 147, 149, 323, 341, 307 and 379 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against five named accused persons against whom there is an allegation that they reached the house of the informant and started assaulting the informant as well as his father. Allegation of snatching a gold locket and cash amount is also there in the FIR.

Patna High Court CR. MISC. No.1889 of 2024(2) dt.24-01-2024 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The informant and the petitioners both are residents of the same village and due to village politics, a false allegation has been levelled against the petitioners. Counsel further submits that the reason for lodging the FIR has not been disclosed in the FIR. The petitioners are in custody since 20.10.2023 having no criminal antecedent.

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

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhojpur at Ara, in connection with Ara Muffasil P.S. Case No.449/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T