Sanjay Kumar @ Sanjay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60185 of 2018 Arising Out of PS.Case No. -228 Year- 2018 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanjay Kumar @ Sanjay Yadav, S/o Ganga Yadav,

2. Ram Itar Prasad @ Ram Itar Yadav S/o Ganga Yadav, Both R/o Vill.- Ukhara, P.S.- Harnaut (Chero), District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Sharma For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 325, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that on the date of occurrence, having entered in the filed of the informant, the cows were destroying the crops and on protest made by the informant, the accused persons having entered the house of the informant, assaulted him.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.60185 of 2018 (3) dt.08-10-2018 petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. The alleged occurrence is said to have taken place due to petty reason. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Harnaut (Chero) P.S. Case No. 228 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T