Phulena Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24172 of 2024 Arising Out of PS. Case No.-1013 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Phulena Yadav son of Wakil Rai @ Wakil Yadav Resident of VillageJaisinghpur Chilraw, P.S.- Turkauliya, Dist.- East Champaran 2.

Rekha Yadav @ Dhamu Yadav Son of Wakil Rai @ Wakil Yadav Resident of Village- Jaisinghpur Chilraw, P.S.- Turkauliya, Dist.- East Champaran 3.

Ram Naresh Yadav @ Kodai Yadav @ Naresh Rai Son of Wakil Rai @ Wakil Yadav Resident of Village- Jaisinghpur Chilraw, P.S.- Turkauliya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioners and learned APP for the state

2. The petitioners are apprehending their arrest in connection with Turkauliya P.S. Case No. 1013 of 2023 instituted for the offence u/s 307, 147, 148, 149, 447, 341, 323, 324, 427, 354B, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is a case of assault by the petitioners along with others due to which Ratan Yadav, Rahul Kumar, Dayal Yadav and Sita Devi sustained injuries.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.24172 of 2024(4) dt.28-06-2024 2/2 that petitioners are innocent and have falsely been implicated in this case. No such occurrence as alleged has taken place. Both the parties are agnates and there is land dispute pending between them. No case under section 307 IPC is made out. The petitioners have no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstance of the case, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 1013 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. (Sunil Kumar Panwar, J) Prakash/- U