Krishna Narayan Yadav v. The State of Bihar
Case at a glance
- Bench
- SATYAVRAT VERMA
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 341, 353
- Bihar Prohibition and Excise Act, 2018 s. 45
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Kumar Goutam Mr. Sanjay Kumar ORAL ORDER 2 11-03-2024
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 307 of the I.P.C. & Section 45 of Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioners submits that petitioner no.4 and 5 are women and petitioners no.1 and 2 are persons with clean antecedent and petitioner no.3 to 5 have Patna High Court CR. MISC. No.14632 of 2024(2) dt.11-03-2024 antecedent of one case. It is next submitted that petitioners have been falsely implicated in the instant case with an allegation that the informant along with police force had gone to arrest Anil Kumar and when Anil Kumar was arrested, it is alleged that a mob gathered and obstructed the police in discharge of their official duty and also assaulted the police force with a view to free Anil Kumar. It is next submitted that the allegation of creating obstruction in discharge of official duty is ornamental for the reason that Anil Kumar was arrested and was taken to police station and as far as participation of the petitioner in the occurrence is concerned, the said allegation is also general and omnibus in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, 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 trial court where the case is pending/successor court in connection with Kishanpur P.S. Patna High Court CR. MISC. No.14632 of 2024(2) dt.11-03-2024 Case No.196/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. amit/- U T (Satyavrat Verma, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.