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Patna High CourtCR. MISC./2821/2024bail granted

Satyadev Yadav v. The State Of Bihar

2024-02-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2821 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== 1.

SATYADEV YADAV SONOF LATE CHITAVAN YADAV R/O VILLAGESARIPUR, P.S.- SANDESH, DIST.- BHOJPUR 2.

LAL JEEVAN @ LAKHA @ LAKHA YADAV @ LAL JEEVAN KUMAR SON OF CHANDEV YADAV R/O VILLAGE- SARIPUR, P.S.- SANDESH, DIST.- BHOJPUR 3.

SANOJ KUMAR @ SANOJ YADAV SON OF CHANDEV YADAV R/O VILLAGE- SARIPUR, P.S.- SANDESH, DIST.- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Sandesh P.S. Case No. 18 of 2023 dated 18.01.2023 registered for the offence/s punishable u/ss 341, 323, 307, 379, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused persons are digging the drainage in the land of the informant, when the informant protested, the accused persons started abusing and assaulting him. The co-accused Matukan Yadav assaulted the informant with lathi on his head due to that he sustained head injury and the other co-accused Praduman Yadav assaulted him with Belcha and took out Rs. 2,000 from his pocket.

4. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.2821 of 2024(3) dt.20-02-2024 2/2 the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The specific allegation is against the co-accused Matukan Yadav and Praduman Yadav who have already been granted anticipatory bail by the co-ordinate bench vide order dated 31.01.2024 passed in Cr. Misc. No. 2320 of 2024. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, 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) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Sandesh P.S. Case No. 18 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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