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Patna High CourtCR. MISC./31310/2023allowed

Ram Narayan Yadav v. The State Of Bihar

2023-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31310 of 2023 Arising Out of PS. Case No.-137 Year-2021 Thana- SIMRI District- Buxar ====================================================== 1.

RAM NARAYAN YADAV Son of Ramkuwar Yadav R/o vill - Keshopur, P.s. - Simari, Distt. - Buxar 2.

Satya Narayan Yadav Son of Ramkuwar Yadav R/o vill - Keshopur, P.s. - Simari, Distt. - Buxar 3.

Bijay Narayan Yadav @ Bijay Narayan Son of Babua Yadav @ Sidhnath Yadav R/o vill - Keshopur, P.s. - Simari, Distt. - Buxar 4.

Chawal Yadav Son of Babua Yadav @ Sidhnath Yadav R/o vill - Keshopur, P.s. - Simari, Distt. - Buxar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners along with other co-accused persons are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no

Patna High Court CR. MISC. No.31310 of 2023(2) dt.17-07-2023 2/2 material has been found against the petitioners. He further submits that there is case and counter case between the parties and both the parties are agnates. He submits that there is land dispute between the parties. He further submits that there is specific overt act against the co-accused Manjeet Yadav who assaulted the son of the informant and injury was found grievous in nature. He submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Simri (Hata O.P.) P.S. Case No.137/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T