Patna High Court – Orders
Dhiraj Yadav @ Dheeraj Yadav vs The State Of Bihar on 17 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61806 of 2024
Arising Out of PS. Case No.-434 Year-2023 Thana- CHAKAND District- Gaya
======================================================
Sonu Kumar Son of Krishna Yadav R/O Vill.- Bithosarif Kandi, P.s.-
Chakand, Dist.- Gaya
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74562 of 2024
Arising Out of PS. Case No.-434 Year-2023 Thana- CHAKAND District- Gaya
======================================================
1. Dhiraj Yadav @ Dheeraj Yadav S/o- Rambali Yadav Village- Bithosarif
Kandi PS- Chakand District- Gaya
2. Suraj Kumar Son of Shahi Yadav Village- Bithosarif Kandi PS- Chakand
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 61806 of 2024)
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
(In CRIMINAL MISCELLANEOUS No. 74562 of 2024)
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-01-2025
Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Chakand P.S. Case No. 434 of 2023 instituted for the
offences punishable under Sections 147, 148, 149, 341, 323,
307, 353, 337, 338, 379, 427, 504, 413 of the Indian Penal Code
and Sections 21/56 MM (D&R) Act.
3. As per the prosecution case, the allegation against
Patna High Court CR. MISC. No.61806 of 2024(2) dt.17-01-2025
2/3
the petitioners and other accused persons are that they gathered
and started abusing and break biting at the police personals due
to which the police personals suffered injuries and also
government vehicles have been damaged.
4. Learned counsel for the petitioners submits that
petitioners are innocent have committed no offence and have
falsely been implicated in this case merely on the basis of
suspicion. He next submits that the local Chaukidar merely on
suspicion disclosed the name of the petitioners. Nothing specific
has been made against the petitioners rather the allegations are
quite general and omnibus. He next submits that there is no any
independent witnesses, who have supported the prosecution
case. He further submits that the petitioners are neither the
owner nor the claimant of the said tractor and they belong from
different village and they have no concern with the place of
occurrence. There is no any specific allegation attributed
against the petitioners. Similarly situated co-accused persons
have been granted anticipatory bail by this Court passed in Cr.
Misc. No. 41374 of 2024.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. From perusal of the FIR and the impugned order, it
Patna High Court CR. MISC. No.61806 of 2024(2) dt.17-01-2025
3/3
appears that the local Chaukidar merely on suspicion disclosed
the name of the persons including the petitioners, who have
made break biting and took away the seized tractors. From
perusal of the records, it also appears that there are 24 accused
persons including the petitioners and one person identified all
persons are local Chaukidar. Similarly situated two accused
persons namely Birendra Yadav and Vinay Yadav have been
granted anticipatory bail by a Bench of this Court in Cr. Misc.
No. 27417 of 2024 vide order dated 20.05.2024 and also
similarly situated co-accused persons have been granted bail by
this Court passed in Cr. Misc. No.41374 of 2024, so
considering all these aspects, let these petitioners above named
in the event of their arrest or surrender before the Court below
within six weeks from today, be released on bail upon furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-Xth, Gaya in connection with Chakand P.S. Case No.
434 of 2023, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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