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Patna High CourtCR. MISC./8646/2023allowed

Shokhendra Yadav v. The State Of Bihar

2023-04-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8646 of 2023 Arising Out of PS. Case No.-307 Year-2022 Thana- KONCH District- Gaya ====================================================== 1.

SHOKHENDRA YADAV SON OF BISHESHWAR YADAV R/O VILLAGE- KESHRU BIGHA BATHANI, P.S.- KONCH, DISTRICTGAYA 2.

JOGENDRA YADAV @ YOGENDRA KUMAR SON OF JHAMLAL YADAV R/O VILLAGE- KESHRU BIGHA BATHANI, P.S.- KONCH, DISTRICT- GAYA 3.

SURENDRA YADAV SON OF JHAMLAL YADAV R/O VILLAGEKESHRU BIGHA BATHANI, P.S.- KONCH, DISTRICT- GAYA 4.

SANJEET KUMAR SON OF BISHESHWAR YADAV R/O VILLAGEKESHRU BIGHA BATHANI, P.S.- KONCH, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 1.Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 354, 504, 506/34 of the Indian Penal Code.

3. Allegedly, petitioners tried to commit rape with the informant and when her Bhaisur tried to save her, they assaulted him with lathi.

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

Patna High Court CR. MISC. No. 8646 of 2023(2) dt.18-04-2023 2/2 place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Petitioner no.1 had filed a case i.e. Konch P.S. Case No. 306 of 2022 against the informant before filing of the present case by the informant. Both the parties have sustained grievous injury. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5.Learned APP for the State opposed the prayer for bail. 6.Having regard to the facts and circumstances of the case, as both the parties have 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 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Konch P.S. Case No. 307 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