Maheshi Yadav @ Mahesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32124 of 2023 Arising Out of PS. Case No.-4 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== 1.
Maheshi Yadav @ Mahesh Yadav Son Of Dularchand Yadav R/O VillageThekahi, P.S.- Fatehpur, District- Gaya 2.
Jageshwar Yadav @ Jageshwar Prasad Son Of Dularchand Yadav R/O Village- Thekahi, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Sinha Mr. Sudhir Kumar Sinha For the Informant Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 506, 379, 325, 326, 307 of the Indian Penal Code.
3. Petitioners are said to have assaulted the informant with Talwar with intention to kill him.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that occurrence took place on 22.12.2021 but the FIR has been lodged on 05.01.2022 after delay of 13 days without explaining any reasonable cause of delay. He submits that the petitioner no. 1 is order giver and allegation
Patna High Court CR. MISC. No.32124 of 2023(6) dt.28-11-2023 2/2 against the petitioner no. 2 is general and omnibus in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that the petitioners are involved in the present case.
6. Considering the facts and circumstances of the case and the delay in lodging the FIR, 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 Fatehpur P.S. Case No. 04 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T