Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40428 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

Bihari Yadav, Son of Late Chhathu Yadav 2.

Vikash Kumar @ Vikash Yadav S/o Bihari Yadav 3.

Telhu Yadav @ Tolhu Yadav Son of Ram Nath Yadav 4.

Chandan Yadav Son of Telhu Yadav All are Resident of Village- Dhankadha, P.S.- Sasaram (Muffasil), DistrictRohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners as well as learned APP for the state.

The petitioner apprehends his arrest in connection with Sasaram (Muffasil) P.S. Case No.32 of 2020 registered for the offence under Sections 341, 323, 307, 354(A), 379, 34 of the Indian Penal Code.

Prosecution case in brief is that, on 28.01.2020 at 7 P.M. (1) Bihari Yadav, (2) Vikas Yadav, (3) Telhu Yadav, (4) Chandan Yadav, (5) Kamiesh Yadav and (6) Lav Kush Yadav came at the shop of the informant and demanded money. On refusal by the informant, Chandan pointed pistol on his temple and rest accused persons assaulted by means of Lathi, the

Patna High Court CR. MISC. No.40428 of 2021(2) dt.21-03-2022 2/3 informant received head injury and fell down become senseless, then accused persons taken away Rs. 7000/- from his counter and also abused the informant's younger brother Tejan Prajapati and opened Sari of his wile Rita Devi with bad intention and they caught her breast put-down on earth and taken away Rs.50,000/- from box and also snatched away ornaments worth Rs. 50,000/- of his wife.

Learned counsel appearing on behalf of the petitioners submit that petitioners are innocent and have falsely been implicated in this case due to enmity and village politics. He further submits that there is no specific allegation against the petitioners. He submits that there are general and omnibus allegation against the petitioners and the injury of the injured is simple in nature and not on the vital part of the body. Learned counsel for the petitioners submit that case has already been compromised and good relation has restored between the parties.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.40428 of 2021(2) dt.21-03-2022 3/3 surrender before the court below within a period of four weeks from today, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S. Case No.32 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Prakash Narayan /- U T