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Patna High CourtCR. MISC./9052/2023allowed

Harishankar Yadav @ Harishankar Sah v. The State Of Bihar

2023-04-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9052 of 2023 Arising Out of PS. Case No.-487 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== 1.

HARISHANKAR YADAV @ HARISHANKAR SAH S/O BACHCHU YADAV @ BACHU YADAV Resident of Village- Ahirwa Tola,Ward No.- 7, P.S.- Raxual, District- East Champaran.

2.

LALU YADAV @ LALU KUMAR S/O BACHCHU YADAV Resident of Village- Ahirwa Tola,Ward No.- 7, P.S.- Raxual, District- East Champaran. 3.

JHALU YADAV @ JHALU KUMAR S/O BACHCHU YADAV Resident of Village- Ahirwa Tola,Ward No.- 7, P.S.- Raxual, District- East Champaran. 4.

MANI KUMAR YADAV @ MANNI KUMAR S/O RUDAL YADAV Resident of Village- Ahirwa Tola,Ward No.- 7, P.S.- Raxual, District- East Champaran.

5.

SONU KUMAR YADAV @ SONU KUMAR S/O RUDAL YADAV Resident of Village- Ahirwa Tola,Ward No.- 7, P.S.- Raxual, District- East Champaran.

6.

BACHCHU YADAV S/O LATE SURAJ YADAV Resident of VillageAhirwa Tola,Ward No.- 7, P.S.- Raxual, District- East Champaran. 7.

RUDAL YADAV S/O LATE SURAJ YADAV Resident of Village- Ahirwa Tola,Ward No.- 7, P.S.- Raxual, District- East Champaran. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

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

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148,

Patna High Court CR. MISC. No.9052 of 2023(2) dt.18-04-2023 2/3 149, 341, 323, 307, 354B, 379, 504 & 506 of the Indian Penal Code.

While the son of the informant was regressing to his home, all these petitioners are said to have surrounded and assaulted him. They also snatched Rs.64,000/- and gold chain. When the informant rushed to rescue his son, they also assautled him.

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. Both sides have filed cases against each other. Both sides have sustained injury. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. 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.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

Patna High Court CR. MISC. No.9052 of 2023(2) dt.18-04-2023 3/3 connection with Raxaul P.S. Case No.487 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T