Rabish Kumar Yadav @ Rabish Yadav @ Rabish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16169 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Rabish Kumar Yadav @ Rabish Yadav @ Rabish Kumar Son Of Ram Baran Yadav Village- Belsira Ps- Shambhuganj Dist- Banka 2.

Biveka Yadav Son Of Ram Baran Yadav Village- Belsira Ps- Shambhuganj Dist- Banka 3.

Suddu Yadav Son Of Ram Baran Yadav Village- Belsira Ps- Shambhuganj Dist- Banka 4.

Ram Baran Yadav Son Of Late Dhandhari Yadav Village- Belsira PsShambhuganj Dist- Banka 5.

Nikesh Yadav Son Of Ranjeet Yadav Village- Belsira Ps- Shambhuganj DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Learned counsel for the petitioners does not want to press this application with regard to petitioner no. 5.

2. Accordingly, this application with regard to petitioner no. 5 is dismissed as not pressed.

3. Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341,

Patna High Court CR. MISC. No.16169 of 2024(2) dt.14-03-2024 2/3 323, 324, 307, 385, 379, 325, 504, 506, 34 of the Indian Penal Code.

3. Petitioners are said to have assaulted the informant and his son by means of lathi and rod. They also committed theft of gold chain, mobile and watch of informant's son.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner nos. 1 to 4, let the above named petitioner nos. 1 to 4 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is

Patna High Court CR. MISC. No.16169 of 2024(2) dt.14-03-2024 3/3 pending/successor court in connection with Shambhuganj P.S. Case No. 312 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T