Allowed

Surendra Yadav v. the State of Bihar

Patna HC27 Aug 2024CR. MISC./51828/2024

Case brief

AI extract

What is this about?

This is an anticipatory bail petition by multiple accused persons facing charges under various IPC and Arms Act sections. The Supreme Court granted anticipatory bail subject to conditions regarding arrest or surrender within six weeks and furnishing of bail bonds.

What did the court decide?

Petitioners granted anticipatory bail on furnishing bail bonds of Rs.10,000 each with sureties, release upon arrest or surrender within six weeks.

Surendra 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.51828 of 2024

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Arising Out of PS. Case No.-822 Year-2023 Thana- FATEHPUR District- Gaya

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

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SURENDRA YADAV S/O JAGDISH YADAV R/O VILLAGERAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.SFATEHPUR, DISTT.- GAYA, BIHAR-824232.

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AARTI DEVI @ ARTI KUMARI W/O SURENDRA YADAV R/O VILLAGE- RAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.S- FATEHPUR, DISTT.- GAYA, BIHAR-824232.

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RAMESH YADAV @ RAMESH KUMAR S/O NATHUN YADAV R/O VILLAGE- RAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.S- FATEHPUR, DISTT.- GAYA, BIHAR-824232.

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DAYMANTI DEVI @ FULMANTI DEVI W/O JAGDISH YADAV R/O VILLAGE- RAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.S- FATEHPUR, DISTT.- GAYA, BIHAR-824232.

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SATISH KUMAR S/O NARESH YADAV R/O VILLAGERAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.SFATEHPUR, DISTT.- GAYA, BIHAR-824232.

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VIKASH YADAV @ VIKASH KUMAR S/O JAGDISH YADAV R/O VILLAGE- RAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.S- FATEHPUR, DISTT.- GAYA, BIHAR-824232.

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JAGDISH YADAV S/O ARJUN YADAV R/O VILLAGE- RAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.S- FATEHPUR, DISTT.GAYA, BIHAR-824232.

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MANJU DEVI W/O MUNDRIKA YADAV R/O VILLAGERAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.SFATEHPUR, DISTT.- GAYA, BIHAR-824232.

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YADUNANDAN YADAV S/O ARJUN YADAV R/O VILLAGERAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.SFATEHPUR, DISTT.- GAYA, BIHAR-824232.

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PRITI KUMARI D/O JAGDISH YADAV R/O VILLAGERAGHBACHAK RAGHWACHAK, DHARAHARAKALAN, P.SFATEHPUR, DISTT.- GAYA, BIHAR-824232. ... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anmol Kumar, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 27-08-2024 1. Heard learned counsel for the petitioners and

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Patna High Court CR. MISC. No.51828 of 2024(2) dt.27-08-2024 2/3

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504 and 506/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

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Learned counsel for the petitioners submits that petitioner no. 6 has antecedent of one case and rest of the petitioners are persons with clean antecedent.

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The informant alleges that accused persons including the petitioners came and Surendra Yadav started abusing Bablu Yadav on which the informant objected when all the accused abused her husband and father-in-law and also pelted stones causing injury on her head. Further Surendra Yadav and Ramesh Yedav entered the house of the informant and misbehaved and also torn her blouse and pulled her Saree, thereafter, Surendra Yadav fired and threatened.

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Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation is alleged against the petitioners rather the allegation is ornamental. No one was injured in firing and it does not appear probable that Surendra Yadav and Ramesh Yadav, in presence of lady member of their

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Patna High Court CR. MISC. No.51828 of 2024(2) dt.27-08-2024 3/3

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family, would have misbehaved with the lady member of the side of the informant.

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

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Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Fatehpur P.S. Case No. 822 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Surendra Yadav v. the State of Bihar

Case brief

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Surendra Yadav v. the State of Bihar

Case brief

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