Biru Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35374 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- BIHRA District- Saharsa ====================================================== 1.
BIRU YADAV SON OF VIKRAM YADAV @ BIKRAM YADAV RESIDENT OF VILLAGE - MAKUNA, P.S. - BIHRA, DISTT. - SAHARSA 2.
SADHU YADAV @ SADHOO YADAV SON OF VIKRAM YADAV @ BIKRAM YADAV RESIDENT OF VILLAGE - MAKUNA, P.S. - BIHRA, DISTT. - SAHARSA ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 354 (B), 427, 504, 506, 34 of the Indian Penal Code.
3. On the alleged date and time of occurrence, buffalo of the accused persons strayed in the field of the informant and when he tried to oust the buffalo, then all the F.I.R named accused
Patna High Court CR. MISC. No.35374 of 2023(2) dt.21-07-2023 2/3 persons including these petitioners armed with lathi, danda and iron rod assaulted the informant and when the family members of the informant tried to save him they were also assaulted, due to which they sustained injuries and in course of assault they also took cash and some ornaments from the house of the informant.
4. It is submitted that the petitioners are innocent and has falsely been implicated in this case due to dirty village politics. No specific overt act is alleged against these petitioners. There is general and omnibus allegation of assault against this petitioner. Doctor has found all injury simple except the injury of Santoliya Devi.
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 JM 1st Class Saharsa in connection with Bihra P.S. Case No 315 of 2022, subject to the conditions laid down under
Patna High Court CR. MISC. No.35374 of 2023(2) dt.21-07-2023 3/3 section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T