Rupan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28738 of 2021 Arising Out of PS. Case No.-160 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== 1.
RUPAN YADAV S/o Late Magain Yadav R/o village- Lashkariya, P.S.- Jai Nagar, Distt.- Madhubani 2.
ADHIK LAL YADAV S/O CHHEDI YADAV R/o village- Lashkariya, P.S.- Jai Nagar, Distt.- Madhubani 3.
HARI YADAV @ HARI KISHORE YADAV S/O KALLY YADAV R/o village- Lashkariya, P.S.- Jai Nagar, Distt.- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 342, 379, 427, 324, 307, 504, 506 of the Indian Penal Code and section 27 of the Arms Act. The allegation against the petitioners is that they along with other FIR named accused persons have indiscriminately assaulted the informant's side by brick batting and firing, due to which the informant's side sustained injuries. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.28738 of 2021(3) dt.30-06-2022 2/3 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to malafide intention. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries which are simple in nature. There is also an admitted land dispute between the parties, who happens to be the agnates. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is case and counter-case between the parties and both sides have sustained simple injuries, 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
Patna High Court CR. MISC. No.28738 of 2021(3) dt.30-06-2022 3/3 Court in connection with Jai Nagar P.S. Case No.160 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T