Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27661 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- SUIYA District- Banka ====================================================== 1.

Anil Yadav Son Of Late Nafar Yadav R/O Village- Lohtaniya, P.S- Suiya, Distt.- Banka.

2.

Arbind Yadav S/O Late Indradeo Yadav R/O Village- Lohtaniya, P.S- Suiya, Distt.- Banka.

3.

Devanti Devi W/O Anil Yadav R/O Village- Lohtaniya, P.S- Suiya, 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. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Learned counsel for the State has filed the counter affidavit.

2. Let it be kept on record.

3. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

4. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 354, 504, 506/34 of the Indian Penal Code.

5. Petitioners along with other accused persons are said to have assaulted the informant by means of Khanti.

6. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.27661 of 2023(4) dt.11-09-2023 2/2 this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

7. Learned APP for the State, by way of counter affidavit, submits that the injury found upon the victim is simple in nature caused by hard and blunt substance.

8. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Suiya P.S. Case No. 149 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T