Shaligram Yadav @ Shailendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31094 of 2023 Arising Out of PS. Case No.-87 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.
Shaligram Yadav @ Shailendra Yadav Son Of Late Ambika Yadav Resident Of Village - Bhawanipur, P.S. - K. Nagar (Maranga), Distt. - Purnea, Pin Code - 854303 2.
Jyotindra Yadav Son Of Late Ambika Yadav Resident Of Village - Bhawanipur, P.S. - K. Nagar (Maranga), Distt. - Purnea, Pin Code - 854303 3.
Bedo Yadav @ Bed Prakash Yadav Son Of Late Ambika Yadav Resident Of Village - Bhawanipur, P.S. - K. Nagar (Maranga), Distt. - Purnea, Pin Code - 854303 4.
Mantu Yadav @ Kunal Bharti Son Of Shaligram Yadav @ Shailendra Yadav Resident Of Village - Bhawanipur, P.S. - K. Nagar (Maranga), Distt. - Purnea, Pin Code - 854303 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ram Prasad Yadav Son Of Late Ganesh Yadav Resident Of Village - Bhawanipur, P.S. - K. Nagar (Maranga), Distt. - Purnea, Pin Code - 854303 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Sinha For the Opposite Party/s :
Mr.Raj Ballabh Singh For the Complainant Mr. Sunil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners, complainant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 384, 504 & 506 of the Indian Penal Code.
3. Allegation against the petitioners is that they and other accused persons named in the complaint petition by forming an unlawful assembly with their common intention of
Patna High Court CR. MISC. No.31094 of 2023(4) dt.17-10-2023 2/3 all having deadly weapons abused and assaulted the complainant by fists and slaps and demanded Rangdari of Rs. 5,00,000/- or to executed sale deed of purchased land.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute and personal enmity. He submits that there is no specific overt act against the petitioners. He submits that this case is based on complaint petition and all the offences are bailable in nature except offence under Section 384 of the IPC. He submits that the petitioners are the witness of the sale deed. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and learned counsel for the complainant opposing the prayer for bail submit that the petitioners have suppressed the criminal antecedent as they have one more criminal antecedent.
6. Considering the facts and circumstances of the case and the fact that the present dispute is purely civil in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.31094 of 2023(4) dt.17-10-2023 3/3 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 Complaint Case No. 87 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T