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2023 Supreme(Online)(Pat) 4973
PATNA HIGH COURT
Mr. Justice Arvind Srivastava
MUNNI YADAV – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./53250/2022
The court held that the petitioners were entitled to anticipatory bail as they were innocent and had been falsely implicated in the case.
Headnote:
Fact of the Case:
The petitioners were seeking anticipatory bail in a case registered against them under Sections 341, 323, 498A, 379, 504 and 34 of the Indian Penal Code.
Finding of the Court:
The court found that the petitioners were innocent and had been falsely implicated in the case. The court also noted that there was a case and counter case between the parties and that the petitioners had no criminal antecedent.
Issues: Whether the petitioners should be granted anticipatory bail.
Ratio Decidendi: The court held that the petitioners were entitled to anticipatory bail as they were innocent and had been falsely implicated in the case. The court also noted that there was a case and counter case between the parties and that the petitioners had no criminal antecedent.
Final Decision: The court granted anticipatory bail to the petitioners.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53250 of 2022
Arising Out of PS. Case No.-84 Year-2022 Thana- BELAGANJ District- Gaya
======================================================
1.
MUNNI YADAV S/o Mosafir Yadav R/o Village- Pathra, P.S.- Belaganj,
District- Gaya.
2.
Yashoda Devi @ Jashoda Devi W/o Munni Yadav R/o Village- Pathra, P.S.-
Belaganj, District- Gaya.
3.
Dhanraj Yadav @ Dhanraj Kumar S/o Munni Yadav R/o Village- Pathra,
P.S.- Belaganj, District- Gaya.
4.
Ganesh Yadav @ Ganesh Kumar S/o Munni Yadav R/o Village- Pathra, P.S.-
Belaganj, District- Gaya.
5.
Baby Devi @ Vevi Devi W/o Dhanraj Yadav @ Dhanraj Kumar R/o Village-
Pathra, P.S.- Belaganj, District- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Shams Alam, Adv.
For the Opposite Party/s :
Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
4
09-01-2023
Heard learned counsel for the petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection
with Belaganj P.S. Case No. 84 of 2022 registered under
Sections 341, 323, 498A, 379, 504 and 34 of the Indian Penal
Code.
Learned counsel appearing on behalf of the petitioners
submits that petitioners are innocent and have falsely been
implicated in the present case. Further submission is that there is
Patna High Court CR. MISC. No.53250 of 2022(4) dt.09-01-2023
2/2
case and counter case between the parties. The petitioners are
father-in-law,
mother-in-law,
bhaisur,
devar
and
gotani
respectively of the informant. He also submits that petitioners
have no criminal antecedent.
Having considered the facts and circumstances of the
case, let the above named petitioners be released on bail, in the
event of arrest or surrender before the learned court below
within a period of four weeks from today, on furnishing personal
bond to the satisfaction of the Additional Chief Judicial
Magistrate II, Gaya in connection with Belaganj P.S. Case No.
84 of 2022, subject to the condition as laid down under Section
438(2) of the Cr. P.C.
anuradha/-
(Arvind Srivastava, J)
U
T
