Bhavesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27305 of 2022 Arising Out of PS. Case No.-339 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.
BHAVESH YADAV Son of Sri Ganesh Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 2.
Janardhan Yadav Son of Sri Ganesh Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 3.
Jagdev Yadav Son of Late Sitavi Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 4.
Ganesh Yadav Son of Late Jharu Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 5.
Suresh Yadav Son of Late Moti Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 6.
Ramdev Yadav Son of Sri Jagdev Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 7.
Rajesh Yadav Son of Sri Ganesh Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 8.
Amar Kr. Yadav Son of Sri Ghanshyam Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka. 9.
Mukesh Kumar Yadav @ Mukesh Yadav Son of Sri Ghanshyam Yadav Resident of village - Dhavawaran, Tola Chhapariya Dih, P.S.- Fullidumar, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Amarpur (Fullidumar) P.S. Case no. 339 of 2020 instituted
Patna High Court CR. MISC. No.27305 of 2022(2) dt.07-11-2022 2/3 for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354, 325 of the Indian Penal Code.
Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons due to an old land dispute. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case due to dirty village politics. There is case and counter case between the parties. Both parties have received injuries in the alleged incident. General and omnibus allegations have been levelled against the petitioners. Injuries received by the injured persons are simple in nature, as mentioned in para 8 of the petition. They have got no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest
Patna High Court CR. MISC. No.27305 of 2022(2) dt.07-11-2022 3/3 or surrender in connection with Amarpur (Fullidumar) P.S. Case no. 339 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U