Santosh Yadav @ Santosh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23395 of 2023 Arising Out of PS. Case No.-59 Year-2020 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.
SANTOSH YADAV @ SANTOSH SON OF AMIRAK YADAV R/O VILLAGE- SIMAPAR, P.S.- NEEMAKCHAK BATHANI, DISTRICTGAYA 2.
AMIRAK YADAV SON OF GARIBAN YADAV R/O VILLAGESIMAPAR, P.S.- NEEMAKCHAK BATHANI, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons including the petitioners came variously armed with lathi and danda and started abusing and assaulting the informant and his son causing injury on head and on other part of the body.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is
Patna High Court CR. MISC. No.23395 of 2023(2) dt.14-07-2023 2/2 next submitted that on account of dispute relating to land, an altercation took place in which both sides assaulted each other. It is further submitted that even presuming what has been alleged is true without admitting, then the injury suffered by the injured is simple in nature (Annexure-3).
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Neemchak Bathani P.S. Case No. 59 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T