Subhash Yadav @ Subash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4437 of 2022 Arising Out of PS. Case No.-246 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

SUBHASH YADAV @ SUBASH KUMAR YADAV S/o Kailash Yadav Resident of Village - Pachbhirwa, P.S. - Ramgarhwa, Dist - East Chamaparan.

2.

JHULAN YADAV S/o Kailash Yadav Resident of Village - Pachbhirwa, P.S. - Ramgarhwa, Dist - East Chamaparan.

3.

PRAKASH YADAV S/o Kailash Yadav Resident of Village - Pachbhirwa, P.S. - Ramgarhwa, Dist - East Chamaparan.

4.

SURAJ YADAV S/o Jhulan Yadav Resident of Village - Pachbhirwa, P.S. - Ramgarhwa, Dist - East Chamaparan.

5.

RAKESH YADAV S/o Jhulan Yadav Resident of Village - Pachbhirwa, P.S. - Ramgarhwa, Dist - East Chamaparan.

6.

SABHAPATI YADAV S/o Jhulan Yadav Resident of Village - Pachbhirwa, P.S. - Ramgarhwa, Dist - East Chamaparan.

7.

NIRAJ YADAV S/o Subhash Yadav Resident of Village - Pachbhirwa, P.S. - Ramgarhwa, Dist - East Chamaparan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the State :

Mr.Ram Sumiran Rai For the Informant : Mr. Abhishek Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307, 324, 325, 379, 427 and some other minor Sections of the Indian Penal Code. As per the prosecution case, all the FIR named

Patna High Court CR. MISC. No.4437 of 2022(2) dt.26-07-2022 2/3 accused persons, including these petitioners, assaulted the informant and his family members as a result of which three persons sustained injuries.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. There is land dispute between the parties and due to that free fight took place in which both sides sustained injuries. There is case and counter case. All the injuries are simple in nature except one which is attributed to petitioner No.4, Suraj Yadav.

Learned counsel appearing for the State and the informant vehemently opposed the prayer for anticipatory bail. Taking into consideration the fact that petitioner No.4 is alleged to have caused grievous injury to Bachcha Yadav, brother of informant, his prayer for anticipatory bail is refused. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners No. 1 to 3 and 5 to 7, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection

Patna High Court CR. MISC. No.4437 of 2022(2) dt.26-07-2022 3/3 with Ramgarhwa PS case No. 246/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T