Mahadeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29334 of 2023 Arising Out of PS. Case No.-269 Year-2015 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.
MAHADEO YADAV Son of Late Shibu Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 2.
Chandradeo Yadav Son of Late Shibu Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 3.
Sahdeo Yadav Son of Late Shibu Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 4.
Ganesh Yadav Son of Mahadeo Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 5.
Gajendra Yadav Son of Mahadeo Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 6.
Umesh Yadav Son of Sahdeo Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 7.
Ramesh Yadav Son of Sahdeo Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 8.
Dinesh Yadav Son of Chandradeo Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 9.
Gopal Yadav @ Gopal Kumar Yadav Son of Chandradeo Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 10.
Satendra Yadav @ Satyendra Kumar Son of Chandradeo Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul 11.
Bhawin Yadav Son of Late Kritlal Yadav Resident of Village - Daparkha (Ward No.- 13), P.S.- Tribeniganj, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.29334 of 2023(3) dt.07-08-2023 2/3 registered for the offence punishable u/s 147, 341, 323, 324, 307, 379 of the IPC.
3. As per the prosecution case, the petitioners are said to have indiscriminately assaulted the informant's side. Allegation against petitioner no.1 is that he is the order giver, petitioner no.4 is said to have assaulted the informant and petitioner no.5 is said to have assaulted Sentu Kumar.
4. 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 ulterior motive. 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. Though there is allegation against the petitioner nos.4 and 5 to assault the informant and one Sentu Kumar but the injuries are simple in nature. There is an admitted land dispute between the parties and for the alleged occurrence there is case and countercase between the parties. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named
Patna High Court CR. MISC. No.29334 of 2023(3) dt.07-08-2023 3/3 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 below where the case is pending/Successor Court in connection with Triveniganj P.S. Case No.269 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T