Kameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2415 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== 1.

KAMESHWAR YADAV SON OF MANGAR YADAV R/O VILL.- KANAISI, P.S.- HALSI, DISTT.- LAKHISARAI 2.

SIYARAM YADAV SON OF JANKI YADAV R/O VILL.- KANAISI, P.S.- HALSI, DISTT.- LAKHISARAI 3.

MANOJ YADAV SON OF KAMESHWAR YADAV R/O VILL.- KANAISI, P.S.- HALSI, DISTT.- LAKHISARAI 4.

MAHADEV YADAV SON OF LATE DAYAL YADAV R/O VILL.- KANAISI, P.S.- HALSI, DISTT.- LAKHISARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 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 offences punishable under Sections 341, 323, 325, 307, 504, 34 of the Indian Penal Code.

Allegedly, petitioners are said to have assaulted the informant side with deadly weapons brutally.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have

Patna High Court CR. MISC. No.2415 of 2023(2) dt.09-02-2023 2/3 been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both sides have filed cases against each other. Both parties sustained injuries. It is further submitted that doctor has found that Rameshwar Yadav has sustained many injuries in which some are grievous and some are simple in nature. Further second injured namely Dharmendra Yadav has sustained three injuries caused by hard blunt substance and all are simple in nature. It is further submitted that petitioners along with other co-accused persons assaulted the informant's father on his head due to which he sustained grievous injury but it is not clear that from whose blow, he sustained the said injury. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, , as it is difficult to point out that from whose blow the informant's father sustained grievous injury, 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

Patna High Court CR. MISC. No.2415 of 2023(2) dt.09-02-2023 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Halsi P.S. Case No.211 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T