Allowed

Guddu Yadav @ Shashi Kumar @ Guddu Kumar Yadav v. The State of Bihar

Patna HC6 Mar 2020CR. MISC./3375/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the Patna High Court granted anticipatory bail to two petitioners who alleged apprehension of arrest in connection with a case involving obstruction of police search and other offences. The court noted the bail of similarly situated co-accused and the lack of criminal antecedents.

What did the court decide?

Petitioners enlarged on bail by surrendering to the Court below within six weeks and furnishing a bond of Rs. 10,000 with two sureties under Section 438(2) Cr.P.C.

Guddu Yadav @ Shashi Kumar @ Guddu Kumar Yadav Vs The State… — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3375 of 2020

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Arising Out of PS. Case No.-888 Year-2019 Thana- KHAJANCHI HAT District- Purnia

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======================================================

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GUDDU YADAV @ SHASHI KUMAR @ GUDDU KUMAR YADAV Son of Late Leelanand Yadav Resident of Krishnapuri, P.S.-K.Hat, DistrictPurnea.

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Kanchha Yadav @ Ravi Kant Jawala @ Kanchha Son of Late Leelanand Yadav Resident of Krishnapuri, P.S.-K.Hat, District-Purnea.

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Anil Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 06-03-2020 Heard learned counsel for the petitioners and learned

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APP for the State.

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The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Khazanchi Hat (Madhubani) P.S. Case No.888 of 2019, registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 307, 332, 333, 353, 186, 188, 224 and 225 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per allegation in the F.I.R., on receiving information when the police personnel proceeded to raid the house of Shrawan Kumar Yadav and Prem Kumar Yadav, it is

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Patna High Court CR. MISC. No.3375 of 2020(2) dt.06-03-2020 2/3

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stated that the accused persons including Amit Kumar Yadav, Sumit Kumar Yadav and two petitioners herein besides others gathered and created impediment in the search being conducted by the police.

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It is submitted by learned counsel for the petitioners that the co-accused namely, Amit Kumar Yadav @ Amit Kumar and Sumit Kumar Yadav @ Sumit Kumar have been enlarged on bail vide order dated 29.02.2020 passed in Cr. Misc. No.7226 of 2020. The case of the petitioners is similar to the aforesaid accused and the petitioners have no criminal antecedent.

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The application for bail has been opposed by learned APP for the State.

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Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, specially grant of bail to similarly situated co-accused and that the petitioners have no criminal antecedent, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Khazanchi Hat (Madhubani) P.S. Case No.888 of 2019, they will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

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Patna High Court CR. MISC. No.3375 of 2020(2) dt.06-03-2020 3/3

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each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Purnea subject to the condition as laid down under section 438(2) of the Cr.P.C.

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(Partha Sarthy, J.)

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amit/-

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U T

Guddu Yadav @ Shashi Kumar @ Guddu Kumar Yadav v. The State of Bihar

Case brief

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Guddu Yadav @ Shashi Kumar @ Guddu Kumar Yadav v. The State of Bihar

Case brief

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What did the court decide?

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