Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38133 of 2022 Arising Out of PS. Case No.-308 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Mukesh Yadav Son Of Ramawtar Yadav R/O Village- Akbar Sheikh, P.S.- Majhaulia, District- West Champaran At Bettiah 2.

Bhola Yadav Son Of Ramawtar Yadav R/O Village- Akbar Sheikh, P.S.- Majhaulia, District- West Champaran At Bettiah 3.

Ramawtar Yadav Son Of Late Chopat Yadav R/O Village- Akbar Sheikh, P.S.- Majhaulia, District- West Champaran At Bettiah ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 326(b), 447 and 427 of the Indian Penal Code.

Petitioners along with other co-accused persons are

Patna High Court CR. MISC. No.38133 of 2022(2) dt.29-09-2022 2/3 said to have assaulted the informant by means of lathi, danda and iron rod.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that the injuries found on the injured persons are simple in nature which is also clear from the impugned order. He further submits that petitioners have one criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is land dispute between the parties and the injuries found upon the victim is simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds 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 Majhauliya P.S. Case No.

Patna High Court CR. MISC. No.38133 of 2022(2) dt.29-09-2022 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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