The Patna High Court granted regular bail to the petitioner in a case involving affixing extremist posters under Sections 216, 353, 120B, 34 of the IPC and Sections 18, 19 of the U.A.P. Act.
Enlarged on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48449 of 2022
Arising Out of PS. Case No.-8 Year-2021 Thana- LUTUA District- Gaya
======================================================
ANUP KUMAR @ ANUP YADAV S/o Arjun Yadav Resident of VillageAsurain, P.S.- Lutua, District- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.S. Jamil Akhtar For the Opposite Party/s : Mr.Lalan Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 13-12-2022
Learned counsel for the petitioner is permitted to
remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 216, 353, 120B read with 34 of the Indian Penal Code and u/s 18 & 19 of the U.A.P. Act.
As per the prosecution case, extremists were celebrating martyr day and were putting posters on walls on which it was written to complete the works which was left earlier. The police after seeing the banner and enquiring came to know that it was Brahmdeo Yadav, Vikash Yadav, petitioner Anup Yadav and Dhiredra Singh who pasted the banners. A raid
Patna High Court CR. MISC. No.48449 of 2022(2) dt.13-12-2022 2/2
was conducted in each of the house of the accused persons but the police could not find anyone. Accordingly, an FIR was registered.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Lutua P.S. Case No. 08 of 2021.
The application stands allowed.
(Chandra Prakash Singh, J)
niku/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case involving offences under Sections 216, 353, 120B, 34 of IPC and Sections 18, 19 of U.A.P. Act.
2 provisions across 2 enactments
Anup Kumar @ Anup Yadav
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
