Sahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38483 of 2024 Arising Out of PS. Case No.-133 Year-2017 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Sahendra Yadav S/O LATE GANESHI YADAV R/O VILLAGE- SARHAD GATI, P.S.- SRINAGAR, DIST- MADHEPURA 2.

MAHANAND YADAV S/O LATE GANESHI YADAV R/O VILLAGESARHAD GATI, P.S.- SRINAGAR, DIST- MADHEPURA 3.

TARNI YADAV S/O LATE MAHESHWARI YADAV R/O VILLAGESARHAD GATI, P.S.- SRINAGAR, DIST- MADHEPURA 4.

LALO YADAV @ MANTRI KUMAR @ MANTIT KUMAR S/O BHULAN YADAV @ BHULAN PRASAD YADAV R/O VILLAGESARHAD GATI, P.S.- SRINAGAR, DIST- MADHEPURA 5.

BHULAN YADAV @ BHULAN PRASAD YADAV S/O LATE MAHESHWARI YADAV R/O VILLAGE- SARHAD GATI, P.S.- SRINAGAR, DIST- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad Mr. Manoj Kumar Ms. Pooja Prasad For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP For the State :

Mr. Mrityanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard Mr. Uday Chand Prasad, learned counsel for the petitioners, Mr. Mrityunjay Kumar, learned counsel for the informant as well as Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 427, 504, 506 and 34 of the Indian Penal Code. 3.

As per the FIR, the petitioners and other accused persons

Patna High Court CR. MISC. No.38483 of 2024(2) dt.10-07-2024 2/3 assaulted the informant's side due to which they sustained injuries.

4.

It is submitted by learned 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 levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. He submits that after investigation police filed final form against the petitioners and thereafter, learned Court below accepted the final form. He further submits that then the informant filed revision application before the concerned Court and in the said revision application the acceptance of final form was set aside and direction was given to take cognizance against the petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case as well as considering that police has already filed final form against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before

Patna High Court CR. MISC. No.38483 of 2024(2) dt.10-07-2024 3/3 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 learned court below where the case is pending/Successor Court in connection with Srinagar P.S. Case No.133 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T