Allowed

Subhash Kumar @ Subhash Yadav v. the State of Bihar

Patna HC20 Sept 2023CR. MISC./58777/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a FIR alleging assault on police and public mischief. The court directed release upon arrest or surrender within six weeks, subject to furnishing bonds and court conditions.

What did the court decide?

Released on anticipatory bail subject to furnishing Rs. 10,000 bail bond with two sureties and surrender within six weeks.

Subhash Kumar @ Subhash Yadav Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58777 of 2023

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Arising Out of PS. Case No.-875 Year-2022 Thana- SUPAUL District- Supaul

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

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Subhash Kumar @ Subhash Yadav Son Of Sitaram Yadav Resident Of Village - Hardi West (WARD No.02), Tola - Vishsnpur, P.S. - Supaul, District - Supaul

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... ... Petitioner/s

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Versus

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The State Of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

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ORAL ORDER

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2 20-09-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends arrest in connection with Supaul P.S. Case No. 875 of 2022 dated 15.09.2022, instituted for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 354, 353, 427 of the Indian Penal Code.

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The prosecution case, in short, is that, in course of patrolling, the police received an information that the local people, on suspicion, apprehended a woman on the allegation of child theft. It is further alleged that when the police reached at the place of occurrence, they found that villagers were apprehending the woman and when the police tried to pacify the matter, the crowd got infuriated and assaulted the police

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Patna High Court CR. MISC. No.58777 of 2023(2) dt.20-09-2023 2/3

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personnel, due to which two of the police personnel sustained injury. The local Chaukidar identified eight accused persons, who were found to be involved in the said occurrence.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that from perusal of the F.I.R., it is evident that there was a crowd of 300 to 400 persons out of which 8 persons have been identified by local Chaukidar. It is further submitted that as per the F.I.R. there is general and omnibus allegation against the petitioner and there is no any specific overt act against the petitioner. Learned counsel further submits that one co-accused, namely, Suraj Yadav has already been granted bail by a Co-ordinate Bench of this Court vide order dated 30.08.2023 passed in Criminal Miscellaneous No. 56820 of 2023 Lastly, it has been submitted that the petitioner has no criminal antecedents.

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Learned A.P.P. has opposed the prayer for bail of the petitioner.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Supaul P.S. Case No.

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Patna High Court CR. MISC. No.58777 of 2023(2) dt.20-09-2023 3/3

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875 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Khatim Reza, J)

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Sankalp/-

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U T

Subhash Kumar @ Subhash Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Subhash Kumar @ Subhash Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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