Guneshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21981 of 2023 Arising Out of PS. Case No.-300 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== 1.
GUNESHWAR YADAV SON OF LATE BANGTU YADAV @ JAGDISH YADAV RESIDENT OF VILLAGE PILAKHBAR P.S RAJNAGAR DISTRICT MADHUBANI 2.
KAMLESH YADAV @ KAMLESH KUMAR SON OF LATE BANGTU YADAV @ JAGDISH YADAV RESIDENT OF VILLAGE PILAKHBAR P.S RAJNAGAR DISTRICT MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 504, 506, 324, 325, 308, 379/34 of the IPC.
As per the prosecution case, the F.I.R. named accused persons assaulted the informant and one Bhola Yadav. 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 due to ulterior motive. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific
Patna High Court CR. MISC. No.21981 of 2023(2) dt.03-07-2023 2/2 allegation to assault the informant and Bhola Yadav is against the co-accused Dani Lal Yadav and Ranjan Yadav. It is because of their assault that the informant sustained grievous injury and both the co-accused are in judicial custody. Petitioners have four criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, there is no specific overt act against the petitioners, 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 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 Rajnagar P.S. Case No.300 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T