Rajendra Yadav @ Rajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13304 of 2024 Arising Out of PS. Case No.-82 Year-2023 Thana- JAYRAMPUR District- Sheikhpura ====================================================== 1.

RAJENDRA YADAV @ RAJENDRA KUMAR S/O RAM KHELAWAN YADAV R/O VILLAGE- TOYGARH, P.S- JAYRAMPUR, DISTT.- SHEIKHPURA.

2.

ANIL YADAV S/O JUGESHAR YAAV @ JUGESHVAR YADAV R/O VILLAGE- TOYGARH, P.S- JAYRAMPUR, DISTT.- SHEIKHPURA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307 of the Indian Penal Code & Section 27 Arms Act.

3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated on account of dispute relating to land. It is further submitted that though there is allegation of assaulting the injured person but then the allegation of assault is not specific against the petitioners. It is further submitted that the petitioners have been implicated in the instant case with general and omnibus allegation though against petitioner no.1 it is alleged that he fired with pistol to scare away the people but then no one was injured

Patna High Court CR. MISC. No.13304 of 2024(2) dt.19-03-2024 2/2 which amply demonstrates that in order to give serious colour to the case, the said allegations have been alleged but then fairly submits that petitioner no.1 has antecedent of two cases and petitioner no.2 has antecedent of three cases.

4. The learned APP opposes the anticipatory bail application of the petitioners and submits that the petitioners were also party to the occurrence and there is specific allegation against petitioner no.1 of firing with pistol.

5. The learned counsel for the petitioners at this stage seeks permission to withdraw the anticipatory bail application of the petitioners with liberty to raise all the issues at the time of surrender.

6. Permission is accorded.

7. In the event, if the petitioners surrender on or before 01.04.2024, the learned trial court shall try to dispose of the case on the same day keeping in mind that no specific allegation of assault is alleged against the petitioners and no one suffered any firearm injury. (Satyavrat Verma, J) amit/- U T