Arun Yadav @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7759 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

Arun Yadav @ Arun Kumar S/o Kuldip Yadav @ Kuldeep Yadav R/o Vill - Bhagwanpur, P.S. - Pakri Barawan, Dist. - Nawada 2.

Awadhesh Yadv Awadhesh Yadav @ Awadhesh Kumar @ Ramlesh Yadav S/o Kuldip Yadav @ Kuldeep Yadav R/o Vill - Bhagwanpur, P.S. - Pakri Barawan, Dist. - Nawada 3.

Lallan Yadav @ Lallan Kumar S/o Kuldip Yadav @ Kuldeep Yadav R/o Vill - Bhagwanpur, P.S. - Pakri Barawan, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the Informant :

Mr. Vibhuti Ranjan Sonvadra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State as well as learned counsel for the informant. 2.

The petitioners apprehend their arrest in connection with Pakri Barawan P.S. Case No. 338 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 354, 307, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per allegation, the buffalo of the informant collided with the buffalo of co-accused Anoj Yadav upon which Anoj Yadav started abusing her and torn her blouse. Thereafter,

Patna High Court CR. MISC. No.7759 of 2024(4) dt.19-04-2024 2/3 her husband came to save her but all the accused persons, equipped with deadly weapon, came there and assaulted him with iron rod.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence as alleged against them and have falsely been implicated in the present case. There is case and counter case between the parties. There is admitted land dispute between the parties. There is no specific allegation against the petitioners rather there is general and omnibus allegation. Learned counsel for the petitioners again submits that the co-accused Anuj Yadav has been granted bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 66424 of 2023.

5.

On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.7759 of 2024(4) dt.19-04-2024 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pakri Barawan P.S. Case No. 338 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T