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Patna High CourtCR. MISC./14438/2022bail granted

Rohan Yadav v. The State Of Bihar

2022-09-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14438 of 2022 Arising Out of PS. Case No.-126 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== 1.

ROHAN YADAV Son of Late Laxman Yadav Resident of Village- Gejana, P.S.- Imamganj, District- Gaya.

2.

Sonu Yadav @ Son Kumar Son of Roshan Yadav Resident of VillageGejana, P.S.- Imamganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504 and 506/34 of the Indian Penal Code. The informant alleges that petitioner no. 1 assaulted him with lathi causing injury on his head and petitioner no. 2 assaulted his wife with lathi causing injury on her head, it is next alleged that further they assaulted one Kesia Devi and Randhir Kumar who came to rescue them.

Patna High Court CR. MISC. No.14438 of 2022(2) dt.19-09-2022 2/3 Learned counsel for the petitioners submits that petitioners have antecedent of one case and have been falsely implicated in the present case, it is next submitted that there is a land dispute between the parties and a case from the side of the petitioners also has been instituted being Imamganj P.S. Case No. 127 of 2021. Learned counsel submits that from bare perusal of the FIR it would manifest that the same has been instituted under bailable Sections except Section 354 which is not made out in the nature of the allegation as alleged in the FIR. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Imamganj P.S. Case No. 126 of 2021

Patna High Court CR. MISC. No.14438 of 2022(2) dt.19-09-2022 3/3 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) gauravkr/- U T