Sarjun Yadav @ Sarjun Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13787 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- SIRDALA District- Nawada ====================================================== 1.
SARJUN YADAV @ SARJUN PRASAD Son of Jichha Prasad @ Jichha Yadav Resident of Village - Kushma Tari, P.S. - Sirdalla, District - Nawada. 2.
Ajay Prasad Son of Sarjun Prasad @ Sarjun Yadav Resident of Village - Kushma Tari, P.S. - Sirdalla, District - Nawada. 3.
Lalan Kumar Son of Sarjun Prasad @ Sarjun Yadav Resident of Village - Kushma Tari, P.S. - Sirdalla, District - Nawada. 4.
Hunkar Yadav @ Omkar Kumar Son of Rambalak Yadav Resident of Village - Kushma Tari, P.S. - Sirdalla, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Lilawati Singh For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307, 379, 341, 354, 504, 506 of the Indian Penal Code.
Allegation is that accused Rambalak Yadav inflicted
Patna High Court CR. MISC. No.13787 of 2020(3) dt.27-08-2020 2/3 injury upon the wife of the informant by means of lathi and accused Pappu Yadav entered in the house of the informant and forcibly snatched jewellery and cash Rs.50,000/- and accused Onkar Yadav assautled the daughter of the informant by means of lathi. When the wife and daughter of the informant were going to take medical treatment, the accused persons including the petitioners surrounded and assaulted them by means of fists and blow.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. There is admitted land dispute between the parties. Injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court
Patna High Court CR. MISC. No.13787 of 2020(3) dt.27-08-2020 3/3 below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of A.C.J.M. VIth, Nawada in connection with Sirdalla P.S. case No.262 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T