Pawan Yadav @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14585 of 2022 Arising Out of PS. Case No.-24 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

PAWAN YADAV @ PAWAN KUMAR Son of Rambriksh Yadav Resident of village - Bilaspur, P.S.- Mohanpur, District - Gaya. 2.

Ganesh Kumar Son of Rambriksh Yadav Resident of village - Bilaspur, P.S.- Mohanpur, District - Gaya.

3.

Raj Kumar Yadav Son of Rambrichh Yadav @ Jagdish Yadav Resident of village - Bilaspur, P.S.- Mohanpur, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Narain Yadav, Adv.

Ms.Sweta Kumari, Adv.

Mr.Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Learned counsel for the petitioners has filed a supplementary affidavit in the court. The same is taken and kept on record.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections

Patna High Court CR. MISC. No.14585 of 2022(2) dt.10-08-2022 2/3 341/323/325/354/307/379/504/506/34 of the Indian Penal Code. The allegation against the petitioners is of assaulting the informant and her family members.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the parties are agnates and there is an admitted land dispute between them. It is submitted that the police has not filed the charge sheet u/s 307 and 379 of the IPC. The charge sheet is enclosed in supplementary affidavit filed by the petitioner. It is further submitted that the injuries sustained by the prosecution side are simple in nature, which fact is also mentioned and the injury reports are enclosed with the supplementary affidavit. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six

Patna High Court CR. MISC. No.14585 of 2022(2) dt.10-08-2022 3/3 weeks from today, 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 pending/Successor Court in connection with Barachatty (Mohanpur) P.S. Case No.24/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T