Dilip Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27331 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.
DILIP YADAV Son of Nageshwar Yadav Resident of Village - Lakha, P.s.- Shambhuganj, Distt.- Banka.
2.
Alok Yadav Son of Subhit Lal Yadav Resident of Village - Lakha, P.s.- Shambhuganj, Distt.- Banka.
3.
Lalan @ Lalu Yadav @ Lalan Yadav Son of Charitar Yadav Resident of Village - Lakha, P.s.- Shambhuganj, Distt.- Banka. 4.
Dharmvir Yadav Son of Nageshwar Yadav Resident of Village - Lakha, P.s.- Shambhuganj, Distt.- Banka.
5.
Brajesh Yadav Son of Dilip Yadav Resident of Village - Lakha, P.s.- Shambhuganj, Distt.- Banka.
6.
Sudhir Yadav Son of Chotelal Yadav Resident of Village - Lakha, P.s.- Shambhuganj, Distt.- 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.Md. Nazir Ansari ====================================================== 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 Shambhuganj P.S. Case no. 300 of 2021 instituted for the offence punishable under Sections 341, 323, 147, 307, 325, 354, 379, 504, 506 of the Indian Penal Code.
As per allegation in the FIR, due to election dispute,
Patna High Court CR. MISC. No.27331 of 2022(2) dt.07-11-2022 2/3 with an intention to kill, accused persons assaulted to informant by means of iron rod and khanti as a result of which he sustained head injury. When his family members came there, they were also beaten up by the accused persons. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against them. There is case and counter case. Except one fracture injury, others are simple in nature. They have got no criminal antecedent. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession.
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 or surrender in connection with Shambhuganj P.S. Case no. 300 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.27331 of 2022(2) dt.07-11-2022 3/3 amount each to the satisfaction of learned CJM, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U