Jagdish Kumar Yadav @ Jagdish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7102 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.
Jagdish Kumar Yadav @ Jagdish Yadav, S/o Bachchu Yadav R/O VillageKanauli Tanr Bukar, Ps. Jamui, Dist. Jamui. 2.
Ranjeet Yadav S/O Bachchu Yadav R/O Village- Kanauli Tanr Bukar, Ps. Jamui, Dist. Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
02. In the present case, the petitioners are apprehending their arrest in connection with Jamui P.S. Case No. 180 of 2023, registered for the alleged offence under Sections 341, 323, 427, 307, 337, 504, 506, 34 of the Indian Penal Code.
03. As per prosecution case, the petitioners along with other co-accused persons assaulted the father-in-law of the informant and his family members, causing a number of injuries to them.
04. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. There is land dispute between the parties and the petitioners
Patna High Court CR. MISC. No.7102 of 2024(2) dt.17-02-2024 2/3 and informant side are agnates. The occurrence took place on 16.03.2023 and the written report was given in the police station on 20.03.2023 without any satisfactory explanation of delay. There is general and omnibus allegation against all the accused persons including these petitioners. Though there is allegation of giving sword blow against the petitioner-Jagdish Kumar Yadav @ Jagdish Yadav and Tangi blow against the petitioner-Ranjeet Yadav, the injuries as described in the rejection order shows simple injuries caused by hard and blunt substance and the same falsifies the prosecution case. Learned counsel further submits that the present case is counterblast of Jamui P.S. Case No. 170 of 2023 lodged by one Bachchu Yadav against the informant side, registered for the offences punishable under Section 341, 323, 307, 504, 506, 147, 148 and 149 of the Indian Penal Code. The present case is clearly an afterthought. The petitioners are having criminal antecedent.
05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the absence of injury alleged in the FIR and further considering the possibility of false implication, let the petitioners above named, in the even of their arrest or surrender before the court concerned
Patna High Court CR. MISC. No.7102 of 2024(2) dt.17-02-2024 3/3 within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui/concerned court in connection with Jamui P.S. Case No. 180 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Ashish/- U T