Vinod Kumar Yadav @ Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20418 of 2024 Arising Out of PS. Case No.-109 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.

VINOD KUMAR YADAV @ VINOD YADAV Son of Late Chulahi Yadav Resident of Village-Rauahi, P.S.-Babubarhi, District-Madhubani. 2.

SHRI DEV YADAV Son of Late Chulahi Yadav Resident of Village-Rauahi, P.S.-Babubarhi, District-Madhubani.

3.

DEEPAK KUMAR YADAV @ DEEPAK YADAV Son of Vinod Kumar Yadav @ Vinod Yadav Resident of Village-Rauahi, P.S.-Babubarhi, DistrictMadhubani. 4.

NUTAN KUMARI @ PUJA KUMARI @ NUTAN Daughter of Vinod Kumar Yadav @ Vinod Yadav Resident of Village-Rauahi, P.S.-Babubarhi, District-Madhubani.

5.

SAMUDRI DEVI Wife of Shri Dev Yadav Resident of Village-Rauahi, P.S.- Babubarhi, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 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 Babubarhi P.S. Case No. 109 of 2020 dated 11.05.2020 registered for the offence/s punishable u/ss 341, 323, 324 and 379 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.20418 of 2024(2) dt.15-04-2024 2/3 co-accused persons are alleged to have assaulted the informant with farsa, lathi and brick causing broken injury on his head and he became unconscious and fell down. When the informant's wife came to rescue, they also assaulted her with brick due to that she became unconscious and they took out golden chain from her neck and they took out Rs. 5000/- from the informant's pocket.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that all the injured sustained injuries which are simple in nature. The petitioner nos. 4 and 5 are ladies. The petitioners have no criminal antecedent as stated in 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, 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-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.20418 of 2024(2) dt.15-04-2024 3/3 each to the satisfaction of learned court concerned, Madhubani in connection with Babubarhi P.S. Case No. 109 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner no. 1, 2 and 3 are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T