Bal Krishna Yadav @ Bal Kishun Yadav @ Bal Kishan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23465 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.
Bal Krishna Yadav @ Bal Kishun Yadav @ Bal Kishan Yadav S/o Late Ram Prasad Yadav @ Ram Prasad Yadav R/o vill - Karihar, ward no. 4, P.s. - Ghoghardiha, Distt. - Madhubani 2.
Munna Yadav @ Munna Kumar Yadav S/o Late Ram Prasad Yadav @ Ram Prasad Yadav R/o vill - Karihar, ward no. 4, P.s. - Ghoghardiha, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Ghoghardiha P.S. Case No. 94 of 2023 dated 12.06.2023 registered for the offence/s punishable u/ss 341, 323, 324, 307, 448, 379, 504 and 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have come to the door of the informant and started abusing. When the informant
Patna High Court CR. MISC. No.23465 of 2024(2) dt.22-04-2024 2/3 protested, the co-accused Niraj Yadav assaulted him on his head with Farsa causing injury and the accused Lalan Yadav assaulted him indiscriminately on his body with Tengari causing injury. When the informant's wife came to rescue, the accused Bhusan Yadav assaulted her with iron rod causing injury and Munna Yadav pulled her saree and disrobed her.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The specific allegation of inflicting blow of Farsa is against the co-accused Niraj Yadav. The petitioner no. 1 is simply an order giver. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-
Patna High Court CR. MISC. No.23465 of 2024(2) dt.22-04-2024 3/3 bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 94 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T