Binod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33663 of 2024 Arising Out of PS. Case No.-654 Year-2023 Thana- BANKA District- Banka ====================================================== 1.
Binod Yadav Son of Lal Mohan Yadav Resident of Village- Kusaha, P.S.- Banka, District- Banka 2.
Sunita Devi Wife of Binod Yadav Resident of Village- Kusaha, P.S.- Banka, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad , Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 337, 379, 308 and 34 of the Indian Penal Code . 3 . As per prosecution case , on 01.010.2023 , when informant was returning home , in the meantime , these petitioners along with other co-accused persons threw stone upon informant due to which informant sustained injury . It is further alleged that these petitioners also snatched mobile and cash of Rs. 15,000/- from informant.
4. It is submitted on behalf of the petitioners that both
Patna High Court CR. MISC. No.33663 of 2024(4) dt.09-09-2024 2/2 parties are co-villagers and due to petty dispute , this false and concocted case has been lodged against these petitioners. Allegation of assault is general and omnibus against these petitioners. All the sections levelled against these petitioners are bailable except Section 308 and 379 of the IPC . Rest of the allegations are ornamental in nature . Petitioners claims clean antecedent.
5 . Learned counsel for the State oppose the bail petition .
6 Considering the fact that allegation of assault is general and omnibus against these petitioners , clean antecedent of these petitioners and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Banka in connection with Banka P.S. Case No. 654 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T