Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13481 of 2024 Arising Out of PS. Case No.-224 Year-2022 Thana- CHAKAND District- Gaya ====================================================== 1.

MAHESH YADAV, aged about 79 years, Male, S/O LATE RAGHU YADAV 2.

VIRENDRA YADAV, aged about 43 years, S/O MAHESH YADAV 3.

ARVENDRA YADAV, aged about 41 years, Male, S/O MAHESH YADAV 4.

AJAY YADAV @ AJAY KUMAR, aged about 23 years, S/O UMESH YADAV All are R/O VILLAGE- MURKATTA, P.S- CHAKANT, DISTT.- GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard Mr. Indu Bhushan, learned counsel appearing on behalf of the petitioners and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Chakand P.S. Case No. 224 of 2022 registered for the offence(s) punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioners, assaulted the informant and his family members with an intention to kill them, causing multiple injuries.

Patna High Court CR. MISC. No.13481 of 2024(3) dt.16-04-2024 2/2

4. Learned counsel appearing on behalf of the petitioners submitted that allegation made in the FIR is not specific against the petitioners and the same is general and omnibus. It is further submitted that petitioners and informant are agnates and there is case and counter case in between them and petitioners might have caused injuries to the informant and his family members in fierce fight in their self-defence.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that parties are agnates and there is case and counter case between them for the similar allegation, the petitioners, above named, are directed to be released on prearrest 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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., X, Gaya in connection with Chakand P.S. Case No. 224 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T