← Library
Patna High CourtCR. MISC./37154/2024bail granted

Teka Yadav v. The State Of Bihar

2024-07-01Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37154 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

Teka Yadav son of Late Bhori Yadav Village- Singhaul Ps- Neemchak Bathani Dist- Gaya 2.

Subachan Yadav @ Shivbachan Yadav son of Rameshar Yadav @ Rameshwar Yadav Village- Singhaul Ps- Neemchak Bathani Dist- Gaya 3.

Chamu Yadav @ Rajesh Kumar son of Late Bhool Yadav @ Moril Yadav Village- Singhaul Ps- Neemchak Bathani Dist- Gaya 4.

Deepak Kumar son of Subachan Yadav @ Shivbachan Yadav VillageSinghaul Ps- Neemchak Bathani Dist- Gaya 5.

Pradeep Kumar son of Subachan Yadav @ Shivbachan Yadav VillageSinghaul Ps- Neemchak Bathani Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State Of Bihar PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that all sections of the IPC are bailable except

Patna High Court CR. MISC. No.37154 of 2024(2) dt.01-07-2024 2/3 Section 307 of the IPC, which in the nature of allegation and injury report does not get attracted. It is further submitted that the informant alleges that on 12.01.2024, all the named accused persons along with the petitioners came and started abusing her and also assaulted by lathi, danda, rod and sphere, on account of which her son sustained injury on head and when her daughterin-law, brother-in-law and Nagendra Yadav came to save them, they were also assaulted leading to injury.

4. It is next submitted that from perusal of the injury report at Annexure-3 to the anticipatory bail application, it would manifest that the injury suffered by the injured is simple in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.37154 of 2024(2) dt.01-07-2024 3/3 Neemchak Bathani P.S. Case No. 02 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the present anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T