Allowed

Manoj Yadav @ Manoj Kumar Yadav @ Photu Yadav v. The State of Bihar

Patna HC12 Dec 2024CR. MISC./85209/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case alleging assault of a sand ghat informant with deadly weapons and loading of sand without challan. Noting no specific overt act was attributed to them, the court directed their release on bail upon arrest or surrender.

What did the court decide?

Petitioners to be released on bail of Rs.25,000 each with two like sureties upon arrest/surrender within six weeks, per Section 438(2) Cr.P.C. conditions.

Manoj Yadav @ Manoj Kumar Yadav @ Photu Yadav Vs The State… — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85209 of 2024

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Arising Out of PS. Case No.-112 Year-2024 Thana- MOHANPUR District- Gaya

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

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Manoj Yadav @ Manoj Kumar Yadav @ Photu Yadav Son of Vashudeo Yadav Resident of - Baliyari, P.S.- Amas, Distt.- Gaya

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Raghu yadav @ Raghunandan Yadav Son of Bhuneshwar Yadav Resident of - Baliyari, P.S.- Amas, Distt.- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP.

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

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 12-12-2024

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Heard learned counsel for the petitioners and learned

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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 147, 149, 504, 506, 384, 385, 323, 325, 307, 379 of the Indian Penal Code.

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The prosecution case, in brief, is that on the alleged date and time, the informant was on duty as Munsi at Dhanichak sand ghat. Meanwhile, the petitioners along with other coaccused persons came there and started loading sand on two tractors. When the informant asked the accused persons regarding challan , they started abusing and assaulting him

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Patna High Court CR. MISC. No.85209 of 2024(2) dt.12-12-2024 2/3

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brutally by means of deadly weapons due to which the informant has sustained injuries.

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It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have no concern with the said tractors and sand loaded on it. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Nothing specific has been attributed against them. There is specific overt act against co-accused Dilip Yadav to assault the informant by means of iron on his head due to which he sustained grievous head injury. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes the prayer for bail.

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Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two

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Patna High Court CR. MISC. No.85209 of 2024(2) dt.12-12-2024 3/3

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sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mohanpur P.S. Case No.112 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Manoj Yadav @ Manoj Kumar Yadav @ Photu Yadav v. The State of Bihar

Case brief

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Manoj Yadav @ Manoj Kumar Yadav @ Photu Yadav v. The State of Bihar

Case brief

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