Ramadhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36317 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Ramadhar Yadav Son of Sri Kashi Yadav Resident of village - Dumari, Parsa Tola, P.S. - Majhaulia, Distt. - West Champaran 2.
Dharmendra Yadav Son of Sri Ramadhar Yadav Resident of village - Dumari, Parsa Tola, P.S. - Majhaulia, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesha Chandra Verma, Advocate Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 452, 341, 323, 380, 427 and 506 of the Indian Penal Code.
3. It is alleged that all the F.I.R. named accused persons, including these petitioners, armed with weapons, came at the house of the informant, assaulted her and her family members as a result of which they sustained injuries. It is further alleged that they also looted the household articles.
4. It is submitted that both parties are neighbours and these petitioners have falsely been implicated in this case by the informant to put pressure upon them so that they withdraw the
Patna High Court CR. MISC. No.36317 of 2023(2) dt.31-07-2023 2/2 Majhaulia P. S. Case No. 918 of 2022 which was lodged prior to this case by petitioner No. 1. It is further submitted that there is inordinate delay of 39 days in lodging the F.I.R. and there is no plausible explanation for the same which itself creates doubt about the prosecution case. Petitioners have got clean antecedent. Moreover, similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 24.07.2023 passed in Cr. Misc. No. 32656 of 2023.
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhaulia P. S. Case No. 89 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T