Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34773 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== 1.

Ramesh Yadav S/o Late Jagdish Yadav Resident of village Dahipur, P.S. - Keoti, Distt. - Darbhanga 2.

Pawan Kumar @ Pawan Yadav @ Paan Yadav S/o Ganesh Yadav Resident of village Dahipur, P.S. - Keoti, Distt. - Darbhanga 3.

Amit Kumar @ Amit Kumar Yadav S/o Ganesh Prasad Yadav Resident of village Dahipur, P.S. - Keoti, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Jha, Adv For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-05-2024 Heard Mr. Gopal Jha learned advocate for the petitioners and learned APP for the State

2. The petitioners are apprehending their arrest in connection with Keoti P.S Case No. 200 of 2023 registered for the offence punishable u/s 323, 324, 341, 307, 448 and of the Indian Penal Code.

3. Allegedly while the accused persons were indulge in illegally selling the tree standing in the Dharni Dhar Ashram the same was protested by the informant. The petitioners later on in a pre planned manner surrounded the informant and assaulted him by means of iron rod and farsa due to which he

Patna High Court CR. MISC. No.34773 of 2024(2) dt.30-05-2024 2/3 sustained serious injuries.

4. Learned advocates for the petitioners contended that though the occurrence took place on 16.07.2023 but the present F.I.R has been instituted on 18.07.2023. Moreover, there is a case and counter case bearing Keoti P.S Case No. 205 of 2023 instituted against the informant and his relative. Further, drawing the attention of the injury report sustained to brother of the informant. Learned advocate for the petitioners submitted that all the injuries are simple in nature. It is lastly contended that the petitioners are man of fair antecedent and they under take that they fully co-operate in the investigation or in the proceeding of the Court.

5. On the other hand learned counsel for the State opposed the bail application.

6. Regards being had to the submission made on behalf of the parties and considering the delay in lodging of the F.I.R. and the factum of case and counter case coupled with the nature of injury and the fair antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.34773 of 2024(2) dt.30-05-2024 3/3 C.J.M. Darbhanga in connection with Keoti P.S Case No. 200 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be the own/ close family members of the petitioners.

7. This application stands allowed.

(Harish Kumar, J) Jyoti/- U T