Gajadhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34869 of 2023 Arising Out of PS. Case No.-319 Year-2022 Thana- GOGRI District- Khagaria ====================================================== 1.

GAJADHAR YADAV Son of Late Ram Swaroop Yadav Resident of village - Dhankheta, P.S. - Gogri, Distt. - Khagaria 2.

Rajdoot Yadav @ Rajdoot Kumar Son of Gajadhar Yadav Resident of village - Dhankheta, P.S. - Gogri, Distt. - Khagaria 3.

Bambam Kumar @ Bambam Yadav Son of Gajadhar Yadav Resident of village - Dhankheta, P.S. - Gogri, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Sinha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 At the outset, learned counsel for the petitioner No. 2 seeks permission to withdraw the pre-arrest bail petition. This bail petition of the petitioner No. 2 is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos, 1 and 3 and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code and 25(1-B)a, 26

Patna High Court CR. MISC. No.34869 of 2023(2) dt.27-07-2023 2/3 Arms Act.

3. As per F.I.R., all the accused person including these petitioners armed with lathi, danda and arms assaulted the mother and brother of the informant and on protest by informant, co-accused Rajdoot yadav fired upon her , as a result she sustained injury.

4. It is submitted that there is general and omnibus allegation of assault against these petitioners . Case and counter case. Both sides sustained injuries. Specific allegation of causing fire arm injury is against co-accused Rajdoot Yadav. Petitioner Nos. 1 and 3 claim 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 petitioner Nos, 1 and 3 , 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 learned Chief Judicial Magistrate ,Khagaria in connection with Gogri P.S. Case No 319 of 2022, subject to the conditions laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.34869 of 2023(2) dt.27-07-2023 3/3 Criminal Procedure.

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