Deo Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25614 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- SUPAUL District- Supaul ====================================================== 1.

DEO NARAYAN YADAV Son of Late Nasiblal Yadav Resident of Village - Panchgachhiya Koni, P.S.- Supaul Nadi, Dist.- Supaul. 2.

Rabindra Yadav Son of Late Nasiblal Yadav Resident of Village - Panchgachhiya Koni, P.S.- Supaul Nadi, Dist.- Supaul. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 149, 341, 323, 324, 307, 354, 379, 504 of IPC.

Allegedly, the petitioners along with other accused persons assaulted the informant by means of deadly weapons with an intention to kill him due to which he sustained injuries.

Patna High Court CR. MISC. No.25614 of 2022(2) dt.31-08-2022 2/3 It is further alleged that when family members of the informant came to rescue him, they were also assaulted by the accused persons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. The injuries are simple in nature. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a land dispute and the injuries are simple in nature, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.25614 of 2022(2) dt.31-08-2022 3/3 below where the case is pending/Successor Court in Supaul Nadi P.S. Case No.33 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T