Bhelu Yadav @ Shivnandan Yadav@Shivnand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26717 of 2024 Arising Out of PS. Case No.-27 Year-2020 Thana- MAIGRA District- Gaya ====================================================== 1.
Bhelu Yadav @ Shivnandan Yadav@Shivnand Yadav Son Of Late Ishan Yadav @ Ishwan Yadav Resident Of Village - Sewara, (PHULWARIYA), P.S. - Maigra, District - Gaya 2.
Babuni Yadav @ Bablu Yadav Son Of Late Ishar Yadav @ Ishwar Yadav Resident Of Village - Sewara, (PHULWARIYA), P.S. - Maigra, District - Gaya 3.
Etwariya Devi @ Atwariya Devi@Etbriya Devi Wife Of Yadunandan Yadav Resident Of Village - Sewara, (PHULWARIYA), P.S. - Maigra, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Maigra P.S. Case No. 27 of 2020 instituted under Sections 147, 148, 149, 341, 323, 308, 354, 379, 504 and 506 of the
Patna High Court CR. MISC. No.26717 of 2024(2) dt.17-05-2024 2/3 Indian Penal Code.
3. As per the prosecution case, the accused persons including the petitioners armed with deadly weapon came and started assaulting the informant and his family members.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have been falsely implicated in this case due to village politics. He further submits that there is delay of two days in lodging the FIR without any explanation. There is case and counter case between the parties and there is also land dispute between the parties for which title suit is peding in the Court Concerned. The petitioners have clean antecedent and the similarly situated accused persons have been granted anticipatory bail by this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 7783 of 2024.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties
Patna High Court CR. MISC. No.26717 of 2024(2) dt.17-05-2024 3/3 of the like amount to each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Maigra P.S. Case No. 27 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T