Allowed

Gunanand Yadav v. The State of Bihar

Patna HC13 Oct 2023CR. MISC./57859/2023

Case brief

AI extract

What is this about?

Anticipatory bail granted to two accused, a mayoral candidate and his son, apprehending arrest in Raj Nagar P.S. Case No. 142 of 2023 registered for offences including Sections 147, 149, 341, 323, 332, 333, 353, 307, 506, 504, 188, 171(F) and 120(B) IPC arising from alleged disturbance at the Madhubani Nagar Nigam Mayor election. The court relied on absence of any specific overt-act against the petitioners and released them on bail of Rs.10,000 each with two sureties upon surrender before the trial court within six weeks, subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail on furnishing Rs.10,000 bond with two sureties each, on surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions.

Gunanand Yadav Vs The State of Bihar — Election Law | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57859 of 2023

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Arising Out of PS. Case No.-142 Year-2023 Thana- RAJNAGAR District- Madhubani

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

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GUNANAND YADAV Son of Nathuni Yadav Resident of Village Sahua ward no. 39 (wrongly mentioned R/o village and P.S. in the FIR), P.S. Madhubani Town, District Madhubani

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PANKAJ YADAV Son of Gunanand Yadav Resident of Village Sahua ward no. 39 (wrongly mentioned R/o village and P.S. in the FIR), P.S. Madhubani Town, District Madhubani

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Gagandeo Yadav, Adv. Mr. Ravi Prakash, Adv. Mr. Rajesh Kumar, Adv. For the State : Mr.Nand Kishore Prasad, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 13-10-2023 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners are apprehending their arrest in connection with Raj Nagar P.S. Case No. 142 of 2023 registered for the offences punishable under Sections 147, 149, 341, 323, 332, 333, 353, 307, 506, 504, 188, 171(F), 120(B) of the Indian Penal Code.

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As per prosecution case, petitioners and others are alleged to have causing disturbance in the Mayor Election of Madhubani Nagar Nigam (election 2023). It is further alleged that local chaukidar is alleged to have identified them.

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Patna High Court CR. MISC. No.57859 of 2023(2) dt.13-10-2023 2/3

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Learned counsel for the petitioners submits that petitioner no. 1 is candidate of Mayor of Madhubani Nagar Nigam (election - 2023) and petitioner no. 2 is son of petitioner no. 1. He further submits that there is no specific overt-act attributed against the petitioners. Though because of election rivalry, petitioner no. 1 has falsely been implicated in four cases in which he has been granted bail. Petitioner no. 2 bears no criminal antecedent. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioners as the entire prosecution story is full of concoction and fabrication. He further submits that no body received injury. Petitioners are innocent and have committed no offence as alleged in the FIR.

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The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the facts and circumstances of the case, no specific overt-act attributed against the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.

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Patna High Court CR. MISC. No.57859 of 2023(2) dt.13-10-2023 3/3

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10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist, Madhubani in connection with Raj Nagar P.S. Case No. 142 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Gunanand Yadav v. The State of Bihar

Case brief

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Gunanand Yadav v. The State of Bihar

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