Raja Yadav @ Raja Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24174 of 2024 Arising Out of PS. Case No.-677 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Raja Yadav @ Raja Ray, Son of Gangandeo Rai, Resident of Village- Sripur Kaswa, P.S.- Ghorashan, District- East Champaran 2.
Vijay Yadav, Son of Gangandeo Rai, Resident of Village- Sripur Kaswa, P.S.- Ghorashan, District- East Champaran 3.
Laloo Yadav, Son of Gangandeo Rai, Resident of Village- Sripur Kaswa, P.S.- Ghorashan, District- East Champaran 4.
Ramesh Yadav, Son of Gangandeo Rai, Resident of Village- Sripur Kaswa, P.S.- Ghorashan, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In this present case, the petitioners are apprehending their arrest in connection with Ghorashan P.S. Case No. 677 of 2023, registered for the offences under Sections 147, 149, 341, 323, 379, 308, 354(B), 504 and 506 of the Indian Penal Code.
3. As per prosecution case, petitioners and other coaccused persons assaulted the informant and others with iron rod, bamboo stick, bricks etc.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been
Patna High Court CR. MISC. No.24174 of 2024(2) dt.01-05-2024 2/3 falsely implicated in this case. The present case is counter blast of Ghorashan P.S. Case No. 676 of 2023 which was filed by petitioner no.1, Raja Yadav against the informant of this case and his other family members for the same occurrence. Both sides received injuries in a free fight and the informant side is assailant and one injury received by Bir Bahadur Kushwaha is said to be grievous. Injuries of other victims are stated to be simple and all the injuries are superficial in nature. Moreover, a compromise has been taken place between both the parties outside the court and a petition has been filed in this regard. Petitioners are having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and further considering the non-serious nature of injuries and also considering the clean antecedent of the petitioners coupled with possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IIIrd, Sikrahna, Dhaka, East Champaran/concerned court
Patna High Court CR. MISC. No.24174 of 2024(2) dt.01-05-2024 3/3 in connection with Ghorashan P.S. Case No. 677 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T