Awadhesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33593 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- TANDWA District- Aurangabad ====================================================== 1.
AWADHESH YADAV SON OF LATE MANGARU YADAV RESIDENT OF VILLAGE- KHASUA, P.S.- TANDWA, DISTRICT- AURANGABAD. 2.
UPENDRA YADAV SON OF LATE MANGARU YADAV RESIDENT OF VILLAGE- KHASUA, P.S.- TANDWA, DISTRICT- AURANGABAD. 3.
VINAY YADAV ALIAS VINAY YADAV SON OF AWADHESH YADAV RESIDENT OF VILLAGE- KHASUA, P.S.- TANDWA, DISTRICTAURANGABAD. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Prasad Singh, Sr. Advocate Mr.Saket Kumar Singh, Advocate For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard the parties.
Learned counsel for the petitioners is directed to remove the defects within four weeks. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 307, 147, 341, 323, 324 of the Indian Penal Code.
Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the
Patna High Court CR. MISC. No.33593 of 2022(2) dt.15-09-2022 2/3 informant's side by means of various weapons. It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. 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. It is submitted that the parties are agnates and there is an admitted land dispute between them. In the alleged occurrence, both sides have sustained injuries and there is a case and countercase between the parties. The injuries as per the injury report, are simple in nature. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is case and counter-case between the parties, 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
Patna High Court CR. MISC. No.33593 of 2022(2) dt.15-09-2022 3/3 learned court below where the case is pending/Successor Court in connection with Tandwa P.S. Case No.43 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T