Bhuneshwar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Bhuneshwar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest or surrender within six weeks, on furnishing a bail bond of Rs.10,000 (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned ACJM 1st, Sherghati, Gaya, subject to the conditions laid down under section 438(2) CrPC.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Sherghati (Dobhi) P.S. Case No. 50 of 2023 registered for offences under sections 323, 341, 342, 325, 307, 379 and 34 of the Indian Penal Code, should be enlarged on anticipatory bail in the event of arrest or surrender, subject to the conditions of section 438(2) CrPC.

Court's answer

Considering the general and omnibus allegation against the petitioner and other circumstances of the case, the court directed that in the event of arrest or surrender within six weeks the petitioner be enlarged on bail on furnishing a bail bond of Rs.10,000 (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned ACJM 1st, Sherghati, Gaya, in connection with Sherghati (Dobhi) P.S. Case No. 50 of 2023, subject to the conditions laid down under section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J), 12-03-2024 — Petitioner apprehending arrest in Dobhi P.S. Case No. 50 of 2023 (District Gaya), registered for offences under sections 323, 341, 342, 325, 307, 379 and 34 IPC, for alleged participation with armed FIR-named co-accused in a brutal head assault on the informant's maternal uncle and snatching of Rs. 2,00,000/- and a gold chain — counsel contended the accusation of assault and snatching was against co-accused and the allegation against petitioner was general and omnibus with no specific overt act — considering the general and omnibus allegation and other circumstances, bail granted in the event of arrest or surrender within six weeks on a bail bond of Rs.10,000 with two like sureties, subject to section 438(2) CrPC conditions, to the satisfaction of ACJM 1st, Sherghati, Gaya.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13125 of 2024

Arising Out of PS. Case No.-50 Year-2023 Thana- DOBHI District- Gaya

====================================================== Bhuneshwar Yadav S/O LAKESHWAR YADAV R/O VILLAGEDHARMPUR, P.S.- DOBHI, DISTRICT- GAYA

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 12-03-2024 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 323 , 341 , 342, 325 , 307, 379 and 34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other FIR named accused persons armed with

weapon brutally assaulted on the head of informant’s maternal uncle due to which he sustained severe injuries

Patna High Court CR. MISC. No.13125 of 2024(2) dt.12-03-2024 2/3

and snatched cash of Rs. 2,00,000/- from his pocket each having denomination of Rs. 2000/- and a gold chain from his conscious possession .

Learned counsel for the petitioner submits that specific accusation of assault and snatching golden chain is against other co-accused persons. So far as, this petitioner is concerned, there is general and omnibus allegation against him and no specific overt act is alleged against him. Rest of the allegations are ornamental in nature .

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the general and omnibus allegation against this petitioner and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1^st . Sherghati, Gaya in connection with Sherghati ( Dobhi) P.S.

Patna High Court CR. MISC. No.13125 of 2024(2) dt.12-03-2024 3/3

case No. 50 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal

Procedure.

(Prabhat Kumar Singh, J)

Koushik/-

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