Devan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3059 of 2020 Arising Out of PS. Case No.-195 Year-2019 Thana- MANSI District- Khagaria ====================================================== 1.

DEVAN YADAV Son of Nandeo Yadav Resident of Village - Rohiyar, P.S.- Mansi and Distt - Khagaria.

2.

Raj Kumar Yadav Son of Devanand Yadav Resident of Village - Rohiyar, P.S.- Mansi and Distt - Khagaria.

3.

Kargil Yadav Son of Devan Yadav Resident of Village - Rohiyar, P.S.- Mansi and Distt - Khagaria.

4.

Sabila Devi Wife of Devan Yadav Resident of Village - Rohiyar, P.S.- Mansi and Distt - Khagaria.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

While the informant was ploughing his field petitioners armed with landi and danda reached there and petitioner no.2 resorted firing. They brutally assaulted him. When his mother and elder brother rushed in his rescue they also assaulted them. Petitioner no.4 took out Rs.11,000.00 from his pocket, mobile and golden chain.

Patna High Court CR. MISC. No.3059 of 2020(2) dt.27-02-2020 2/2 It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is land dispute between the parties and to falsely implicate the petitioners this false and frivolous case has been lodged against them. The injuries sustained by the victims are simple in nature. Having regard to the facts and circumstances of the case, 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. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No.195 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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