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Patna High Court - Orders

Devendra Prasad Yadav @ Devendra Yadav vs The State Of Bihar on 24 February, 2023

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.64390 of 2022
                   Arising Out of PS. Case No.-287 Year-2021 Thana- PHULPARAS District- Madhubani
                ======================================================
           1.    DEVENDRA PRASAD YADAV @ DEVENDRA YADAV Son of Kishun
                 Yadav R/V- Simra, P.S- Phulparas, Dist- Madhubani
           2.   Lal Yadav Son of Kailu Yadav R/V- Simra, P.S- Phulparas, Dist- Madhubani
           3.   Raushan Kumar @ Raushan Yadav Son of Upendra Yadav R/V- Simra, P.S-
                Phulparas, Dist- Madhubani
           4.   Surendra Yadav @ Dhushuk Yadav Son of Kishun Yadav R/V- Simra, P.S-
                Phulparas, Dist- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                The State of Bihar

                                                       ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :       Mr. Gagan Deo Yadav, Advocate
                                                 Mr. Ravi Prakash, Advocate
                                                 Mr. Rajesh Kumar, Advocate
                For the Opposite Party/s :       Mr. Ataur Rahman, APP
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                      ORAL ORDER

2   24-02-202

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

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 341, 307, 379, 354(B), 427, 504 and 506 of the Indian Penal Code.

There is allegation of theft of government property against these petitioners and assaulting the informant badly over his head and snatching Rs. 1,00,000 lakh from the informant and also outraging the modesty of the sister of the informant. Patna High Court CR. MISC. No.64390 of 2022(2) dt.24-02-2023 2/2 Learned counsel for the petitioners submits that that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injury. Petitioners have got criminal antecedents as mentioned in para- 3 of this application.

Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Phulparas P.S. Case No.287 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/-

U       T