Jahlu Yadav @ Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22954 of 2023 Arising Out of PS. Case No.-56 Year-2018 Thana- CHANDAN District- Banka ====================================================== 1.
JAHLU YADAV @ RAUT S/O MISHRI RAUT @ MISHRI YADAV Resident of Village- Bhanra, P.S.- Chanda, District- Banka. 2.
RAJENDRA YADAV @ RAUT S/O JHALU YADAV @ RAUT Resident of Village- Bhanra, P.S.- Chanda, District- Banka. 3.
BIRENDRA YADAV S/O JHALU YADAV @ RAUT Resident of VillageBhanra, P.S.- Chanda, District- Banka. 4.
RAM BILASH YADAV @ RAUT S/O JHALU YADAV @ RAUT Resident of Village- Bhanra, P.S.- Chanda, District- Banka. 5.
RUPAL YADAV @ RAUT S/O JHALU YADAV @ RAUT Resident of Village- Bhanra, P.S.- Chanda, District- Banka. 6.
NARAYAN YADAV S/O LT. BICHHU YADAV Resident of VillageBholadih P.S.- Jasidih District- Deoghar (Jharkhand). 7.
GANGA YADAV @ GANGADHAR YADAV S/O LATE BICHHU YADAV Resident of Village- Bholadih P.S.- Jasidih District- Deoghar (Jharkhand). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 308, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner are persons with clean antecedent and the informant
Patna High Court CR. MISC. No.22954 of 2023(2) dt.12-07-2023 2/3 alleges that on account of dispute relating to land, the petitioners assaulted the informant, his father, his brother and Raj Mahal Yadav by means of Khanti, Spade and Tangi, further the petitioners committed theft of Rs. 5,000/- and of ornaments of the informant.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that allegations are general and omnibus in nature that is not specific allegation of assault is alleged, it is next submitted that though it is alleged that five accused persons were injured, but no injury is found grievous as injuries of the injured are simple in nature which amply demonstrates that the petitioners never had any intention of committing a serious occurrence.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
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.22954 of 2023(2) dt.12-07-2023 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chandan P.S. Case No. 56 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T