Sanjay Kumar @ Sanjay Yadav @ Raushan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23741 of 2022 Arising Out of PS. Case No.-487 Year-2021 Thana- JAMUI District- Jamui ====================================================== 1.
SANJAY KUMAR @ SANJAY YADAV @ RAUSHAN YADAV SON OF KANHAIYA YADAV R/O VILLAGE- MACHHIYAR, P.S.- JAMUI, DISTRICT- JAMUI 2.
SHIVAM @ JOSAN KUMAR @ JAUSHAN YADAV SON OF KANHAIYA YADAV R/O VILLAGE- MACHHIYAR, P.S.- JAMUI, DISTRICT- JAMUI 3.
SUDHIR YADAV SON OF YAMUNA YADAV R/O VILLAGEBALLOPUR, P.S.- KHAIRA, DISTRICT- JAMUI 4.
AJAY KUMAR @ AJAY YADAV SON OF KULI YADAV R/O VILLAGENAVAKUDA, P.S.- JHAJHA, DISTRICT- JAMUI 5.
NIRANJAN SINGH @ FODO SINGH @ KUDO SINGH SON OF LATE HARGOVIND SINGH R/O VILLAGE- MACHHIYAR, P.S.- JAMUI, DISTRICT- JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyamal Prakash, Adv.
For the Opposite Party/s :
Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341,
Patna High Court CR. MISC. No.23741 of 2022(2) dt.30-08-2022 2/3 323, 379, 324, 354(B), 337, 308, 427, 447, 504, 506 IPC. Allegedly, all the F.I.R. named accused persons including the petitioners armed variously entered into the house of the informant and indiscriminately assaulted the informant's side. The said occurrence has been committed on the next day also. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The parties are agnates and having a prior dispute. The allegation leveled against the petitioners is general and omnibus in nature. It is submitted that the injuries are simple in nature. Petitioner nos.1 and 2 have one criminal antecedent and petitioner nos.3 to 5 have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature and the allegations are general and omnibus in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.23741 of 2022(2) dt.30-08-2022 3/3 Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jamui P.S. Case No.487 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T