Prakash Yadav @ Lita Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19402 of 2024 Arising Out of PS. Case No.-449 Year-2023 Thana- SONO District- Jamui ====================================================== 1.
Prakash Yadav @ Lita Yadav son of Late Kashi Yadav Village- Dudhkasauy Ps- Sono Dist- Jamui 2.
Pintu Yadav @ Pintu Kumar Yadav son of Umesh Yadav VillageDudhkasauy Ps- Sono Dist- Jamui 3.
Sintu Yadav @ Sintu Kumar son of Umesh Yadav Village- Dudhkasauy PsSono Dist- Jamui 4.
Umesh Yadav son of Late Kashi Yadav Village- Dudhkasauy Ps- Sono DistJamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Raj For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of Explosive Substance Act.
3.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant on account of dispute relating to property as petitioners and
Patna High Court CR. MISC. No.19402 of 2024(3) dt.27-06-2024 2/3 informant are agnates. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the same does not inspire confidence for the reason that informant alleges that on 10-12-2023 at about 5:00 pm Prakash Yadav came to his house and threatened him of dire consequences, thereafter the petitioners on the same day at about 11:30 pm, along with 4-5 unknown persons came to the house of the informant and threw bomb at his door on account of which the informant fled away from his house and thereafter the accused entered the house and searched for the informant and when they could not locate him, they fled with jewellery and cash of Rs. 1 lakh.
4.
The learned next submits that it absolutely does not stand to reason that as to why Prakash on 10-12-2023 would have come to the house of the informant for threatening him if the accused had any intention of committing the occurrence as alleged, which casts an aspersion on the case of the prosecution. It is also submitted that during the course of investigation, no material has been collected which could even remotely suggest that the bomb was thrown at the place of occurrence as no splinter was found.
5.
Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.19402 of 2024(3) dt.27-06-2024 3/3 anticipatory bail of the petitioners.
6.
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 trial court 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 trial court where the case is pending/successor court in connection with Sono P.S. Case No. 449 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) SUMIT/- U T