Chhitan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6172 of 2023 Arising Out of PS. Case No.-290 Year-2020 Thana- KAMTAUL District- Darbhanga ====================================================== 1.
CHHITAN YADAV S/o Bilat Yadav R/v- Baggha, P.S.- Kamtaul, DistrictDarbhanga, Bihar 2.
DHIRAJ KUMAR @ MOHIT KUMAR @ MOHIT YADAV S/o Vindeshwar Yadav R/v- Baggha, P.S.- Kamtaul, District- Darbhanga, Bihar 3.
LALIT YADAV S/o Sitaram Yadav R/v- Baggha, P.S.- Kamtaul, DistrictDarbhanga, Bihar 4.
SOHINDER YADAV S/o Parikshann Yadav R/v- Baggha, P.S.- Kamtaul, District- Darbhanga, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Shahnawaz Ali, Adv Mr. Padmanabh Kashyap, Adv Mr. Vikas Kumar Jha, Adv For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP Mr. Pawan Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned APP for the State. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code. The allegation against the petitioners is that they alongwith other co-accused persons assaulted the informant's side due to which they sustained injuries. It is further alleged that co-accused Rambachchan Yadav forced the informant to
Patna High Court CR. MISC. No.6172 of 2023(2) dt.11-04-2023 2/3 sign over a blank paper by putting pistol.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. It is further submitted by the learned counsel for the petitioners that the injuries are simple in nature, which is apparent from the perusal of the impugned order itself. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case as well as considering the nature of 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 sureties of the like amount each to the satisfaction of the learned court below
Patna High Court CR. MISC. No.6172 of 2023(2) dt.11-04-2023 3/3 where the case is pending/Successor Court in connection with Kamtaul P.S. Case No.290 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T