Arjun Yadav @ Arjun Yada @ Arjun Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17909 of 2020 Arising Out of PS. Case No.-112 Year-2017 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.
Arjun Yadav @ Arjun Yada @ Arjun Prasad S/o Late Suga Yadav Resident of village - Pokhar Par, P.S.- Muffasil, District- Nawada 2.
Mahendra Yadav Son of Late Suga Yadav Resident of village - Pokhar Par, P.S.- Muffasil, District- Nawada 3.
Ramesh Yadav @ Ramesh Prasad Son of Late Suga Yadav Resident of village - Pokhar Par, P.S.- Muffasil, District- Nawada 4.
Janak Yadav Son of Late Suga Yadav Resident of village - Pokhar Par, P.S.- Muffasil, District- Nawada 5.
Uday Yadav Son of Ramchandra Yadav Resident of village - Pokhar Par, P.S.- Muffasil, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-12-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mufassil P.S. Case No.112 of 2017, registered under sections 307, 341, 323, 324, 325, 379 and 34 of the Indian Penal Code.
As per allegation in the F.I.R., it is stated that the accused persons including the five petitioners herein assaulted
Patna High Court CR. MISC. No.17909 of 2020(4) dt.22-12-2020 2/3 the son of the informant. It is further stated that Kaushal Yadav assaulted with a sword while Akhilesh Yadav assaulted with the garasa on the head of the informant. It is submitted by learned counsel for the petitioners that the allegations so far as petitioners are concerned are general and omnibus in nature and a trivial dispute has been narrated in a manner to give it a grave look.
It is submitted by learned counsel for the petitioners that the injury report does not support the allegations made in the F.I.R. and as such Akhilesh Yadav has been enlarged on anticipatory bail vide order dated 21.1.2019 passed in Cr. Misc. No.57148 of 2018. The petitioners have no criminal antecedent.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the material that has transpired in course of investigation and grant of bail to co-accused Akhilesh Yadav, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest
Patna High Court CR. MISC. No.17909 of 2020(4) dt.22-12-2020 3/3 or surrender in connection with Mufassil P.S. Case No.112 of 2017, they will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.
(Partha Sarthy, J) Bibhash/- U T