Manish Yadav @ Manish Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13492 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- AMAUR District- Purnia ====================================================== 1.
Manish Yadav @ Manish Kumar Yadav Son of Bipin Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 2.
Bhago Devi Wife of Bipin Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 3.
Guria Devi Wife of Manish Yadav @ Manish Kumar Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 4.
Sapna Devi Wife of Vishal Yadav @ Babu Saheb Resident of VillageBelgachhi, P.S.- Amour, District- Purnea 5.
Bipin Yadav Son of Bholai Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 6.
Rakhi Devi @ Munni Devi Wife of Dharmedra Yadav Resident of VillageBelgachhi, P.S.- Amour, District- Purnea 7.
Pushpa Devi Wife of Dablu Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 8.
Sulekha Devi Wife of Vinod Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 9.
Janardan Yadav Son of Basudeo Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 10.
Niraj Yadav @ Niraj Kumar Yadav Son of Umesh Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 11.
Sujit Yadav @ Sujit Kumar Son of Dablu Yadav Resident of VillageBelgachhi, P.S.- Amour, District- Purnea 12.
Monu Yadav @ Monu Kumar Son of Vinod Yadav Resident of VillageBelgachhi, P.S.- Amour, District- Purnea 13.
Sonu Yadav @ Sonu Kumar Yadav Son of Vinod Yadav Resident of VillageBelgachhi, P.S.- Amour, District- Purnea 14.
Rachna Devi Wife of Ramesh Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 15.
Hina Devi @ Hina Kumari Wife of Niraj Yadav @ Niraj Kumar Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 16.
Basudeo Yadav Son of Late Chuni Lal Yadav Resident of VillageBelgachhi, P.S.- Amour, District- Purnea 17.
Bholai Yadav Son of Late Chuni Lal Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 18.
Manti Devi Wife of Basudeo Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 19.
Dharmendra Yadav Son of Bipin Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 20.
Ramesh Yadav Son of Basudeo Yadav Resident of Village- Belgachhi, P.S.-
2/5 Amour, District- Purnea 21.
Vinod Yadav Son f Bholai Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 22.
Dablu Yadav Son of Bholai Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 23.
Umesh Yadav Son of Basudeo Yadav Resident of Village- Belgachhi, P.S.- Amour, District- Purnea 24.
Pappu Yadav @ Pappu Kumar Son of Umesh Yadav Resident of VillageBelgachhi, P.S.- Amour, District- Purnea 25.
Vishal Yadav @ Babu Saheb Son of Bipin Yadav Resident of VillageBelgachhi, P.S.- Amour, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate Mr. Rounak Kumar Singh Pankaj, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2024 Heard Mr. Rounak Kumar Singh Pankaj, learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Amour P.S. Case No. 75 of 2023 for the offence registered under sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code lodged on 05.03.2023 by the informant Bipin Yadav.
3. As per the prosecution story, the informant alleged that the accused persons (petitioners herein) armed variously with sword, sickle, farsa, knife, belt entered the mustard field
3/5 and started plucking it. Upon objection, they resorted to assault. Specific allegation is against petitioner nos. 19 to 25 of having assaulted the informant's side from head to toe. Further allegation is also against the other accused persons of assault. Accordingly, the FIR.
4. Learned Counsel for the petitioners submit that entire family members have been implicated as would manifest that almost six of them are ladies and some are boys, the accused also includes 80 years and 85 years old parents of the accused persons. Further, counter case is there lodged by the petitioners herein.
5. Learned APP for the State, on the other hand, points out that so far as petitioner nos. 19 to 25 are there, the allegations of assault on scalp as also bleeding of nose are there.
6. Considering the aforesaid facts as also that the petitioner nos. 19 to 25 namely, Dharmendra Yadav, Ramesh Yadav, Vinod Yadav, Dablu Yadav, Umesh Yadav, Pappu Yadav @ Pappu Kumar and Vishal Yadav @ Babu Saheb respectively have criminal antecedent, this Court is not inclined to extend them privilege of anticipatory bail and the same is accordingly rejected.
7. So far as the petitioner nos. 1 to 18 namely, Manish
4/5 Yadav @ Manish Kumar, Bhago Devi, Guria Devi, Sapna Devi, Bipin Yadav, Rakhi Devi @ Munni Devi, Pushpa Devi, Sulekha Devi, Janardan Yadav, Niraj Yadav @ Niraj Kumar, Sujit Yadav @ Sujit Kumar, Monu Yadav @ Monu Kumar, Sonu Yadav @ Sonu Kumar Yadav, Rachna Devi, Hina Devi @ Hina Kumari, Basudeo Yadav, Bholai Yadav and Manit Devi respectively are concerned, omnibus allegation of assault is/are against them, eight of them are ladies, some are boys and others are old people, this Court is inclined to extend them privilege of anticipatory bail.
8. Let the petitioner nos. 1 to 18 namely, Manish Yadav @ Manish Kumar, Bhago Devi, Guria Devi, Sapna Devi, Bipin Yadav, Rakhi Devi @ Munni Devi, Pushpa Devi, Sulekha Devi, Janardan Yadav, Niraj Yadav @ Niraj Kumar, Sujit Yadav @ Sujit Kumar, Monu Yadav @ Monu Kumar, Sonu Yadav @ Sonu Kumar Yadav, Rachna Devi, Hina Devi @ Hina Kumari, Basudeo Yadav, Bholai Yadav and Manit Devi respectively in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Purnea in
5/5 connection with Amour P.S. Case No. 75 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner nos. 1 to 18, who shall provide official document to show their bona fide;
(ii) the petitioner nos. 1 to 18 shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself; (iii) the petitioner nos. 1 to 18 shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(iv) the petitioner nos. 1 to 18 shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Rajiv Roy, J) Neha/- U T