Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20937 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- MAIGRA District- Gaya ====================================================== 1.

RAJENDRA YADAV S/o Late Vrihaspat Yadav R/o village- Harni Tola, Murliganj, P.S.- Maigra, District- Gaya 2.

MANOJ YADAV S/o Khewan Yadav R/o village- Harni Tola, Murliganj, P.S.- Maigra, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 341, 323, 324, 307, 427, and 435 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, allegation against the petitioners and co-accused persons is of assaulting the informant's family with Garasa, Bhala and Tangi causing head injuries to Anant Yadav, Indradeo Yadav, Surendra Yadav and Umesh Yadav. Co-accused Rahul Yadav set the tractor on fire by

Patna High Court CR. MISC. No.20937 of 2022(2) dt.03-08-2022 2/2 sprinkling petrol.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case due to Panchayat election. Nothing has been recovered from the possession of the petitioners. There is general and omnibus allegation against the petitioners. There is counter case filed by petitioners against the informant's family. The petitioners have clean antecedent as stated at para 3 of the bail petition. The petitioners are in custody since 03.01.2022. The impugned order suggest that the doctor has opined that injuries are simple as well as grievous in nature. But CT scan of the injured Anant Singh, dated 10.12.2021, shows no obvious bony lesion seen.

Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Sherghatti, Gaya, in connection with Maigra P.S. Case No. 42 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U t