Mitendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28363 of 2022 Arising Out of PS. Case No.-197 Year-2020 Thana- ISUAPUR District- Saran ====================================================== 1.

MITENDRA PRASAD YADAV Son of Nagendra Prasad Rai R/o Village - Usari Kala, P.S.- Isuapur, District - Saran 2.

Rajendra Rai @ Rajendra Prasad Yadav Son of Nagendra Prasad Rai R/o Village - Usari Kala, P.S.- Isuapur, District - Saran 3.

Harendra Rai @ Harendra Prasad Yadav Son of Nagendra Prasad Rai R/o Village - Usari Kala, P.S.- Isuapur, District - Saran 4.

Gajendra Rai @ Gajendra Prasad Yadav Son of Nagendra Prasad Rai R/o Village - Usari Kala, P.S.- Isuapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 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 Isuapur P.S. Case no. 197 of 2020 instituted for the offence punishable under Sections 147, 341, 342, 323, 353, 354, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, informant is a lady BDO and while she was discharging her duty in her chamber, several accused members including the petitioner entered into her chamber and started to abuse and assault her. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.28363 of 2022(2) dt.18-10-2022 2/2 has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. In fact, BDO denied to release fund and therefore, some hot discussion took place. General and omnibus allegations have been levelled against the petitioners. 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 or surrender in connection with Issuapur P.S. Case no. 197 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 SDJM, Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U