Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86020 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- MANPUR District- Nalanda ====================================================== 1.

GUDDU YADAV Son of Mohan Yadav Resident of Village - Makduane, P.S.- Manpur, Distt - Nalanda.

2.

Manish Kumar @ Manish Yadav Son of Mohan Yadav Resident of Village - Makduane, P.S.- Manpur, Distt - Nalanda.

3.

Mohan Yadav Son of Late Prameshwar Yadav Resident of Village - Makduane, P.S.- Manpur, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 At the outset, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no. 2 since he has already been arrested.

Accordingly, the present petition qua the petitioner no. 2 stands dismissed as not pressed.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Manpur P.S. Case No. 80 of 2019 for the offence registered under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.86020 of 2019(2) dt.23-01-2020 2/3 The allegation is regarding the accused persons including the petitioners herein having assaulted the son of the informant as also are stated to have fired to terrorise the people and had then taken away the golden chain from the neck of the son of the informant and had fled away.

The learned counsel for the petitioners has submitted that there is no injury report on record of the case diary to suggest any sort of injuries being sustained either by the informant or her son. It is further submitted that a general and omnibus allegation has been levelled against the petitioners. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners coupled with the fact that no specific allegation of overt act has been levelled against the petitioners no. 1 and 3, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.

Accordingly, the petitioners no. 1 & 3, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda

Patna High Court CR. MISC. No.86020 of 2019(2) dt.23-01-2020 3/3 at Bihar Sharif in connection with Manpur P.S. Case No. 80 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T