Yogendra Yadav @ Yogendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26800 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== 1.
Yogendra Yadav @ Yogendra Singh Son of Ramji Yadav Resident of Village- Ameya, P.S.- Bihiya, Dist.- Bhojpur 2.
Sri Ram Yadav Son of Jawahir Yadav Resident of Village- Ameya, P.S.- Bihiya, Dist.- Bhojpur 3.
Vikash Kumar @ Vikash Yadav Son of Kedar Yadav Resident of VillageAmeya, P.S.- Bihiya, Dist.- Bhojpur 4.
Vikash Yadav @ Vikash Kumar Son of Kesho Yadav @ Keshwa Yadav Resident of Village- Ameya, P.S.- Bihiya, Dist.- Bhojpur 5.
Malu Yadav @ Krishana Kumar Son of Jawahir Yadav Resident of VillageAmeya, P.S.- Bihiya, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioner nos. 1, 4 and 5 are persons with clean antecedent and petitioner nos. 2 and 3 have antecedent of one case and the informant alleges that on 13.11.2023 his named co-villagers
Patna High Court CR. MISC. No.26800 of 2024(2) dt.15-05-2024 2/3 along with the accuse persons including the petitioners came variously armed and assaulted the informant brutally causing injury and when the mother of the informant came to save him, she was also assaulted and her ornament was snatched worth Rs. 30,000/-.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is next submitted that allegation of assault is general and omnibus in nature. It is next submitted that even the injury suffered by the injured is simple in nature and on account of dispute relating to land, the instant FIR came to be instituted. It is also submitted that the FIR has been instituted after a delay of 26 days without any plausible explanation which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.26800 of 2024(2) dt.15-05-2024 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihiya P.S. Case No. 311 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T