Shiv Nath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30576 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== 1.
Shiv Nath Yadav S/o Shyam Sundar Yadav @ Sham Sundar Yadav Resident of Village- Nawnath Banjarang Chowk, P.S.- Pandaul, District- Madhubani. 2.
Sanjeet Yadav S/o Shiv Lal Yadav Resident of Village- Nawnath Banjarang Chowk, P.S.- Pandaul, District- Madhubani.
3.
Raghu Nandan Yadav S/o Sitai Yadav Resident of Village- Nawnath Banjarang Chowk, P.S.- Pandaul, District- Madhubani. 4.
Bijay Yadav @ Bijay Kumar S/o Raghu Nandan Yadav Resident of VillageNawnath Banjarang Chowk, P.S.- Pandaul, District- Madhubani. 5.
Ram Jatan Yadav S/o Raghu Nandan Yadav Resident of Village- Nawnath Banjarang Chowk, P.S.- Pandaul, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Sinhg, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 09.01.2022 when he was at his home, the accused persons, including the petitioners, came variously
Patna High Court CR. MISC. No.30576 of 2022(2) dt.22-11-2022 2/3 armed and Shivnath Yadav tied a gamchha (towel) around his neck and pulled him on account of which he fell, thereafter he was assaulted with fist but he managed to save himself, it is next alleged that thereafter all the accused persons pulled his mother's saree, Vijay Yadav misbehaved with Surma Devi and assaulted her with rod causing injury on leg, further Sanjeet assaulted Ranjit with kudal causing injury on his head, Ramavtar and Ramjatan assaulted Pawan with rod causing injury on his shoulder due to which he became unconscious, it is next alleged that Sheela Devi and Suram Devi snatched silver chain from the neck of informant's mother and Raghu Nandan Yadav, Nirmala Devi and Sushila Devi snatched ornaments and Rs. 1.5 lakhs from a bag.
Learned counsel for the petitioners submits that from perusal of the allegations as alleged in the FIR it would manifest that the same does not inspire confidence rather it appears that the informant definitely has leveled allegations against each and every accused persons, it is also submitted that there is a counter case between the parties and the case is not registered under section 307 of the I.P.C.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.30576 of 2022(2) dt.22-11-2022 3/3 Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees 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 Pandaul P.S. Case No. 06 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T