Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37791 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- MANPUR District- Nalanda ====================================================== 1.

BHOLA YADAV SON OF KISHOR YADAV MAKHDUANE, PSMANPUR, DISTRICT- NALANDA 2.

MINNA YADAV SON OF KISHOR YADAV MAKHDUANE, PSMANPUR, DISTRICT- NALANDA 3.

SWARATH YADAV SON OF KISHOR YADAV MAKHDUANE, PSMANPUR, DISTRICT- NALANDA 4.

AJIT YADAV @ JITA YADAV SON OF KISHOR YADAV MAKHDUANE, PS- MANPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2023 1.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Manpur PS case no. 129 of 2022, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The accused persons including the petitioners herein are alleged to have attacked the informant and her husband on the alleged date and time of occurrence, resulting in the husband of the informant sustaining injuries. 4.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.37791 of 2023(2) dt.21-07-2023 2/3 the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has referred to the injury reports, annexed as Annexure-2 series, to submit that the injuries sustained by the informant and her husband have been found to be simple in nature and no external injury has been found upon the person of the informant, hence, the petitioner is not having any complicity in the matter.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioners are having a clean antecedent, the injuries sustained by the informant and her husband have been found to be simple in nature, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.

7.

Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory

Patna High Court CR. MISC. No.37791 of 2023(2) dt.21-07-2023 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.-VI, Nalanda at Biharsharif in connection with Manpur PS case no. 129 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T