Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32656 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

RAMESH YADAV SON OF SRI RAMADHAR YADAV Resident of Village- Dumari, Parsa Tola, P.S.-Majhaulia, District- West Champaran 2.

PRAMOD YADAV SON OF SRI RAJVANSHI YADAV Resident of Village- Dumari, Parsa Tola, P.S.-Majhaulia, District- West Champaran 3.

HRIDAYA YADAV SON OF SRI KASHI YADAV Resident of VillageDumari, Parsa Tola, P.S.-Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar , Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 452, 341, 323, 380, 427, 506 of the Indian Penal Code.

3. It is alleged that all the F.I.R named accused persons including these petitioners armed with weapons came at the door of the informant and assaulted the informant and his family members in which they sustained injury and looted the household articles.

4. It is submitted that both the parties are neighbours

Patna High Court CR. MISC. No.32656 of 2023(2) dt.24-07-2023 2/2 and the petitioners have falsely been implicated in this case by the informant to put undue pressure upon the petitioners so that they may settle and withdraw the case earlier lodged by the coaccused Ramadhar Yadav vide Majhauliya P.S, Case No. 918 of 2022, against the informant. There is also delay of 39 days in lodging the present F.I.R. for which there is no plausible explanation which itself creates a doubt over the entire prosecution case. Petitioners claims clean antecedent.

5. Learned counsel for the petitioners oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhaulia P.S. Case No 89 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T