Dinesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45504 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== 1.
DINESH YADAV Son of Baleshwar Yadav Resident of village - Jethsari, P.s. - Govindpur, Distt. - Nawada 2.
VINOD YADAV Son of Baleshwar Yadav Resident of village - Jethsari, P.s. - Govindpur, Distt. - Nawada 3.
NAVEEN KUMAR @ NAVEEN YADAV Son of Janki Yadav @ Janki Prasad Resident of village - Jethsari, P.s. - Govindpur, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354, 307, 504 & 506 of the Indian Penal Code.
3. As per allegation, petitioner no.1 assaulted by means of iron rod on the forehead of Suman Kumar and petitioner no.2 assaulted by means of iron rod on the forehead of Arun Kumar but there is no allegation of assault against petitioner no.3.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have
Patna High Court CR. MISC. No.45504 of 2023(3) dt.11-12-2023 2/3 been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that both parties are neighbours and there are some disputes regarding the drainage. It is further submitted that the present case is counter blast of Govindpur P.S. Case No.204 of 2022 filed by co-accused, Chandrika Yadav @ Chandeshwar Prasad. Petitioner no.1 and 2 have two criminal antecedents, whereas petitioner no.3 has three criminal antecedents, as mentioned in para-2 of the supplementary affidavit.
5. Having regard to the facts and circumstances of the case as well as the nature of the injury, let the above named petitioner nos.1 and 3, be released on bail, in the event of their arrest or surrender before 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 Govindpur P.S. Case No. 205 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Considering the facts and circumstances of case as well as the nature of the injury, I am not inclined to enlarge petitioner no.2
Patna High Court CR. MISC. No.45504 of 2023(3) dt.11-12-2023 3/3 on anticipatory bail. The prayer for anticipatory bail of the petitioner no.2 is hereby rejected. However, petitioner no.2 is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T