Subhash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29234 of 2021 Arising Out of PS. Case No.-194 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.
SUBHASH YADAV Son of Devan Yadav Resident of Village - Pakahi, P.S.- Kusheshwar Asthan, Dist.- Darbhanga.848213 2.
Shyam Yadav @ Shyamnandan Yadav Son of Devan Yadav Resident of Village - Pakahi, P.S.- Kusheshwar Asthan, Dist.- Darbhanga.848213 3.
Mantun Yadav Son of Devan Yadav Resident of Village - Pakahi, P.S.- Kusheshwar Asthan, Dist.- Darbhanga.848213 4.
Ram Pravesh Yadav Son of Devan Yadav Resident of Village - Pakahi, P.S.- Kusheshwar Asthan, Dist.- Darbhanga.848213 5.
Raj Nandan Yadav Son of Devan Yadav Resident of Village - Pakahi, P.S.- Kusheshwar Asthan, Dist.- Darbhanga.848213 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur For the Opposite Party/s :
Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 Heard the parties.
Learned counsel for the petitioners is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench.
The petitioners apprehend their arrest in a case in connection with Kusheshwar Asthan P.S. Case No.194/2018, registered for the offence punishable under Sections 341, 323,
Patna High Court CR. MISC. No.29234 of 2021(2) dt.03-01-2022 2/3 307, 504/34 of the Indian Penal Code.
The allegation against the petitioners is that they armed with various weapons came at the land, for which a dispute is going on and assaulted the informant and his sons. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to the admitted land dispute. For the said occurrence, there is case and counter-case between the parties and both sides have sustained injuries. The injury report shows the injury as simple in nature. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent, which is also mentioned in para-3 of the anticipatory bail application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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
Patna High Court CR. MISC. No.29234 of 2021(2) dt.03-01-2022 3/3 pending/Successor Court in connection with Kusheshwar Asthan P.S. Case No.194/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T