Rajeev Yadav @ Rajeev Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50461 of 2024 Arising Out of PS. Case No.-661 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.
Rajeev Yadav @ Rajeev Kumar Yadav, Son of Late Paro Yadav @ Parmanand Yadav @ Parma Yadav, Resident of Village- Shivnandanpur, P.SSultanganj, District - Bhagalpur 2.
Diwakar Yadav @ Diwakar Kumar Son of Late Paro Yadav @ Parmanand Yadav @ Parma Yadav, Resident of Village- Shivnandanpur, P.S- Sultanganj, District - Bhagalpur 3.
Arvind Yadav @ Arvind Kumar, Son of Tuntun Yadav, Resident of VillageShivnandanpur, P.S- Sultanganj, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioners apprehend their arrest in connection with Sultanganj P.S. Case No. 661/2023, registered for the offences punishable under Sections 323, 341, 325, 307, 379 and 34 of the Indian Penal Code.
3. On account of dispute regarding demand of wages, some altercation took place, whereupon all the FIR named accused persons including the petitioners brutally assaulted the informant and the mechanic by means of iron rod due to which they sustained several injuries. There is further allegation of
Patna High Court CR. MISC. No.50461 of 2024(3) dt.13-09-2024 2/3 snatching Rs. 30,000/- and other valuables.
4. Learned counsel for the petitioners contended that with regard to the occurrence which took place on 23.11.2023, the FIR has been instituted on 26.11.2023 without there being any reason for delay. It is next contended that there is no specific allegation attributed against any of the petitioners. Moreover, the FIR has been instituted on the premise of a dispute with regard to the wages. Taking note of the aforesaid facts, other co-accused persons having identical allegation, have been allowed the privilege of anticipatory bail vide order dated 27.05.2024 passed in Cr. Misc. No. 31690 of 2024, the copy of which has been produced before the Court and the same is taken on record. It is lastly contended that the petitioner bears fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and delay in the lodging of the FIR, coupled with the fact that others have been allowed the privilege of anticipatory bail, let the petitioners above named be released on bail, in the
Patna High Court CR. MISC. No.50461 of 2024(3) dt.13-09-2024 3/3 event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Sultanganj P.S. Case No. 661 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) rohit/- U T