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Patna High CourtCR. MISC./4353/2024bail granted

Ram Sevak Yadav v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4353 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.

Ram Sevak Yadav Son Of Late Bateshwar Yadav Resident Of Village - Khirjan, P.S. - Rajoun, District - Banka 2.

Ramesh Yadav Son Of Deepak Yadav Resident Of Village - Khirjan, P.S. - Rajoun, District - Banka 3.

Fantush Yadav Son Of Late Buddho Yadav Resident Of Village - Khirjan, P.S. - Rajoun, District - Banka 4.

Kapil Yadav Son Of Mahavir Yadav Resident Of Village - Khirjan, P.S. - Rajoun, District - Banka 5.

Manoj Yadav Son Of Late Bateshwar Yadav Resident Of Village - Khirjan, P.S. - Rajoun, District - Banka 6.

Mukesh Yadav Son Of Kapil Yadav Resident Of Village - Khirjan, P.S. - Rajoun, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Adv For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 332, 333, 427, 307, 109, 353, 504 of the Indian Penal Code.

3. The petitioners is a persons with clean antecedent and he instituted Rajoun P.S.Case No. 255 of 2023 dated 14.06.

Patna High Court CR. MISC. No.4353 of 2024(2) dt.16-02-2024 2/3 2023 read with other section against the accused persons named in the FIR with the allegation that accused persons came to his house and forcibly tried to obtained his signature on plain paper and when the same was objected by the petitioner, he was assaulted and when his wife and daughter came to save him they were also assaulted.

4. Further the accused person intended to kidnapped the petitioner but then the villager objected. It is further submitted that the instant FIR has been instituted by the police against the petitioners and others alleging therein that on coming to know that an occurrence has taken place, the police force reached, the place of occurrence, where the petitioner along with named unknown accused persons assaulted the police personnel including the choukidar and broke the glass of the police vehicle and thus created obstruction in discharge of official duty.

5. The learned cousnel next submits that though that there is allegation of assaulting the police personnel, but then there is no injury report on the record with respect to the same. It is further submitted that the petitioners were badly assaulted by the accused persons in Rajoun P.S.Case No. 255 of 2023 as such he was admitted in PMCH, where he was under treatment

Patna High Court CR. MISC. No.4353 of 2024(2) dt.16-02-2024 3/3 for about 7 days.

6. Learned A.P.P opposes the bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs,. 10,000/- ( Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S.Case No. 256 of 2023, subject to the conditions laid down under section 438(2) of the Cr. P.C. (Satyavrat Verma, J) N.K/- U T