Patna High Court - Orders
Santosh Kumar Yadav vs The State Of Bihar on 4 January, 2024
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81675 of 2023
Arising Out of PS. Case No.-849 Year-2022 Thana- ALAMGANJ District- Patna
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SANTOSH KUMAR YADAV SON OF FAKIR CHAND YADAV R/O-
SAKARI GALI, GWAL TOLI, F.N.S. ACADEMY, SHERSHAH ROAD,
GULJABAGH, P.S.- ALAMGANJ, DISTRICT- PATNA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan
For the Opposite Party/s : Mr. Narsingh Tanti
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 04-01-2024Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 188, 341, 323, 332, 353, 504 of the Indian Penal Code and 25(1-b)a, 26, 27, 35 of the Arms Act.
3. As per the prosecution case, at the occasion of immersion of effigy of goddess Kali, the members of procession opened celebratory firing.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that several similarly Patna High Court CR. MISC. No.81675 of 2023(2) dt.04-01-2024 2/2 situated co-accused persons have been granted bail by this Court as well as by co-ordinate Bench of this Court (Annexure-P-2 series). Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as similarly situated co-accused persons have been granted bail, let the above named petitioner, be released on bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Alamganj P.S. Case No.849 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/-
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