Saryu Yadav @ Saryu Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14168 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- KATORIYA District- Banka ====================================================== 1.
Saryu Yadav @ Saryu Prasad Yadav, aged about 50 years, male, S/O Sahdeo Yadav, 2.
Umesh Yadav @ Umesh Kumar Yadav, aged about 27 years, Male S/O Saryu Yadav @ Saryu Prasad Yadav, Both are Resident of Village- Dekhadi, P.S.- Katoriya, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, A.P.P.
For the Informant :
Mr. Praveen Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Mr. Md. Nurul Hoda, learned counsel appearing on behalf of the petitioners, Dr. Indiwar Kumari, learned APP for the State and Mr. Praveen Kumar, learned counsel for the informant.
2. The petitioners seek pre-arrest bail in connection with Katoriya P.S. Case No. 350 of 2023 registered for the offence punishable under Sections 447, 323, 325, 308, 379, 354B, 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, all the accused persons including the petitioners had assaulted the informant and her family members.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.14168 of 2024(2) dt.12-03-2024 2/3 petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Injury sustained by the informant and her daughter is not on the vital part of the body. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for grant of bail to the petitioners and submitted that specific allegation against the petitioner no. 1 is that he had assaulted the informant with an intention to kill him and the injury caused on the teeth of the informant is reported to be grievous in nature.
6. Learned APP for the State has also vehemently opposed the prayer for grant of pre-arrest bail.
7. Considering the nature of allegation made in the FIR, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four 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 learned C.J.M., Banka, in connection with Katoriya P.S. Case No. 350 of 2023, subject to the condition that one of the bailors should be government official, who will
Patna High Court CR. MISC. No.14168 of 2024(2) dt.12-03-2024 3/3 undertake that petitioner no. 1 will not indulge in any criminal activity in future and other condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T