Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30856 of 2024 Arising Out of PS. Case No.-411 Year-2023 Thana- SONO District- Jamui ====================================================== Mahendra Yadav S/o Late Jago Yadav Resident of Village Charkapathar, P.S. - Sono, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sono (Charkapathar) P.S. Case No. 411 of 2023 dated 22.11.2023 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other accused persons, armed with weapon, iron rod, lathi etc. surrounded the informant, his brother-in-law (Jija) and his Bhagin Damad and assaulted them. Thereafter, at the behest of the petitioner, co-accused Subhash Yadav & Brahmdeo Yadav assaulted his brother-in-law (Jija) by means of sword, due to which he sustained injuries in his hand and head.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30856 of 2024(2) dt.21-05-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Specific allegation is against the co-accused Subhash Yadav and Brahmdeo Yadav. Allegation against the petitioner is that he is only order giver. At his behest, Subhash Yadav and Brahmdeo Yadav assaulted his brother-in-law (Jija) by means of sword. Learned counsel for the petitioner submits that two years ago, the informant has taken two lakh rupees from the petitioner with condition to sell the land, but the informant has not executed the land in favour of the petitioner. When the petitioner put pressure to execute the land, the informant made dispute with the petitioner and lodged the present case. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sono (Charkapathar) P.S. Case No. 411 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class,

Patna High Court CR. MISC. No.30856 of 2024(2) dt.21-05-2024 3/3 Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T