Allowed¶28

Gautam Kumar @ Gautam Yadav v. The State of Bihar

Patna HC18 Apr 2024CR. MISC./21527/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; CR. MISC. No.21527 of 2024; Shahkund (Sajour) P.S. Case No. 09/2024 dated 10.01.2024; District Bhagalpur; IPC Sections 341, 323, 379, 385, 307, 427, 504, 506 read with Section 34; general and omnibus allegations; counsel's submissions of false implication over land dispute, case and counter case, no injury to informant, and five other criminal cases; bail-bond Rs. 20,000/- with two sureties of like amount; Section 438(2) CrPC conditions; Chandra Prakash Singh, J; decision date 18-04-2024.

What did the court decide?

Anticipatory bail to all five petitioners upon arrest/surrender within six weeks, on bail-bond of Rs. 20,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure. ¶28

Gautam Kumar @ Gautam Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21527 of 2024

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Arising Out of PS. Case No.-9 Year-2024 Thana- SHAHKUND District- Bhagalpur

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

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Gautam Kumar @ Gautam Yadav S/o Lakhan Yadav R/o vill - Rampurdih, P.S. - Shahkund (Sajour), Distt. - Bhagalpur

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Shailesh Yadav @ Shailesh Kumar S/o Lakhan Yadav R/o vill - Rampurdih, P.S. - Shahkund (Sajour), Distt. - Bhagalpur

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Ekku Yadav @ Likku Yadav @ Eikku @ Ekko Yadav S/o Lakhan Yadav R/o vill - Rampurdih, P.S. - Shahkund (Sajour), Distt. - Bhagalpur

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Nilesh Kumar @ Nilesh Yadav S/o Lakhan Yadav R/o vill - Rampurdih, P.S. - Shahkund (Sajour), Distt. - Bhagalpur

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Lakhan Yadav S/o Late Mishru Yadav R/o vill - Rampurdih, P.S. - Shahkund (Sajour), Distt. - Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ravish Mishra, Advocate For the Opposite Party/s : Mr.Abhay Kumar Roy, APP For the Informant/s : Mr. Pravin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 18-04-2024

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Learned counsel for the petitioners is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

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3. The petitioners are apprehending their arrest in connection with Shahkund (Sajour) P.S Case No. 09/2024 dated 10.01.2024 registered for the offences punishable u/ss 341, 323,

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Patna High Court CR. MISC. No.21527 of 2024(2) dt.18-04-2024 2/3

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379, 385, 307, 427, 504 and 506 read with 34 of the Indian Penal Code.

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4. As per the prosecution case, when the informant reached his farm, he saw that the petitioners have destroyed the hut of the informant. Thereafter, Lakhan Yadav exhortated to kill the informant then Ikko Yadav, Shailesh Yadav, Nilesh Yadav and Gautam Yadav started assaulting the informant with fists and slaps and Lakhan Yadav took out Rs. 2770/- from the pocket of the informant. In the meantime, Ikko Yadav started pressing the neck of the informant due to which he became unconscious and fell down. Further, Lakhan Yadav and Ikko Yadav threatened the informant to return the money otherwise they would shoot him.

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5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case on account of land dispute. There is case and counter case between both the parties. Learned counsel has submitted that the informant has not sustained any injury. There is general and omnibus allegation against the petitioners. The petitioners are accused in five other criminal cases out of which four case is between both the parties as stated in para 3 of the bail petition.

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6. Learned A.P.P. for the State as well as learned

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Patna High Court CR. MISC. No.21527 of 2024(2) dt.18-04-2024 3/3

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counsel for the informant have vehemently opposed the prayer of anticipatory bail of the petitioners.

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7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, 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, Bhagalpur in connection with Shahkund (Sajour) P.S Case No. 09/2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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8. This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Gautam Kumar @ Gautam Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gautam Kumar @ Gautam Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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