Allowed

Shiv Kumar Yadav @ Shiv Kumar Prasad v. The State of Bihar

Patna HC16 Jan 2023CR. MISC./52873/2022

Case brief

AI extract

What is this about?

In an anticipatory bail petition under CrPC Section 438 challenging police action in an NH blockade case, the High Court granted interim anticipatory bail subject to furnishing a bond and adhering to statutory conditions upon surrender within six weeks. The order permitted removal of procedural defects first.

What did the court decide?

Petitioners shall be enlarged on anticipatory bail on surrender within six weeks, furnishing a bond of Rs. 20,000 and two sureties of the like amount.

Shiv Kumar Yadav @ Shiv Kumar Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52873 of 2022

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Arising Out of PS. Case No.-101 Year-2017 Thana- PANDARAK District- Patna

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

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SHIV KUMAR YADAV @ SHIV KUMAR PRASAD S/o Late Harihar Yadav R/o village- Mamarkhabad, P.S.- Pandarak, District- Patna

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Anil Yadav @ Anil Kumar S/o Ajeshwar Prasad R/o village- Mamarkhabad, P.S.- Pandarak, District- Patna

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Dr. Munna Minya @ Dr. Shahid Hussain S/o Md. Akhtar @ Md. Akhtar Hussain R/o village- Mamarkhabad, P.S.- Pandarak, District- Patna

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Md. Imran @ Shekh Md. Imran S/o Late Md. Samsuddin Khan @ Md. Samsuddin R/o village- Mamarkhabad, P.S.- Pandarak, District- Patna

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Suwesh Nishad @ Suresh Singh Nished S/o Shyam Sundar Nishad R/o village- Mekra, P.S.- Mokama, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Kashyap For the Opposite Party/s : Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 16-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 147, 341 and 353 of the Indian Penal Code.

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As per prosecution case, the petitioners and the coaccused persons blocked the N.H. road and caused hindrance in

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Patna High Court CR. MISC. No.52873 of 2022(2) dt.16-01-2023 2/2

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maintenance of law and order.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners No. 2, 3 and 4 have no criminal antecedent where as petitioner No. 1 is accused in one more criminal case and petitioner No. 5 is accused in 3 other criminal cases as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioners.

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Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

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Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Pandarak P.S. Case No. 101 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

Shiv Kumar Yadav @ Shiv Kumar Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Kumar Yadav @ Shiv Kumar Prasad v. The State of Bihar

Case brief

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