Lalit Yadav @ Lalit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34300 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.
LALIT YADAV @ LALIT KUMAR SON OF CHANDESHWARI YADAV Resident of Gobargardha, P.S. and District Saharsa 2.
BECHAN YADAV SON OF CHANDESHWARI YADAV Resident of Gobargardha, P.S. and District Saharsa 3.
SACHCHAN YADAV @ SACHAN YADAV SON OF CHANDESHWARI YADAV Resident of Gobargardha, P.S. and District Saharsa ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Adv.
For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 325, 307, 385, 504 and 34 of the IPC.
3. As per the prosecution case, F.I.R. named accused including the petitioners indiscriminately assaulted the informant's side by means of various weapons on refusal to pay any extortion money.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to
Patna High Court CR. MISC. No.34300 of 2023(2) dt.25-07-2023 2/2 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties and for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries, which were found simple in nature. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries were found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Saharsa Sadar P.S. Case No.1 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T