Manchan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9549 of 2020 Arising Out of PS. Case No.-326 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

Manchan Yadav, aged about 25 years, Male, Son of Late Baldeo Yadav 2.

Chandradeo Yadav, aged about 40 years, Male, Son of Late Baldeo Yadav 3.

Kishundeo Yadav, aged about 35 years, Male, Son of Late Baldeo Yadav 4.

Babloo Yadav, aged about 30 years, Male, Son of Ramodar Yadav @ Ramotar Yadav, all resident of Village and P.S.- Allouli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-06-2020 Heard the parties through the virtual court proceeding. The petitioners apprehend their arrest in connection with Allouli P.S. Case No.326 of 2019 dated 19.09.2019, G.R. No.2820 of 2019 registered for the offences punishable under Sections 147, 341, 323, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the informant Deonarayan Yadav filed a written report before S.H.O. Alauli P.S. alleging therein that on 19.09.2019 at about 04.00 p.m. he was sitting under Peepal tree, in the meantime, petitioners and other 08 co-accused persons came and started firing and assaulted on his head with rod causing head injury and bleeding

Patna High Court CR. MISC. No. 9549 of 2020(2) dt.17-06-2020 2/3 started from his head. Petitioner Manchan Yadav snatched Rs.25,000/- from his pocket.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to land dispute and at the instance of mischief mongers of the society due to Alauli P.S. Case No.327 of 2019 lodged by Arhula Devi, wife of petitioner Manchan Yadav. The allegation of theft against Manchan Yadav is also false. There is no specific allegation of firing against the petitioners and no injury of firearms was caused to any one. The injury report of victim Deonarayan Yadav has found simple in nature vide Annexure-2 of the bail petition and petitioners have got no any criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Allouli P.S. Case No.

Patna High Court CR. MISC. No. 9549 of 2020(2) dt.17-06-2020 3/3 326 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T