Ganga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41675 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1.

Ganga Yadav, Son Of Late Balki Yadav, Resident Of Village- Goli, PsFatehpur, District- Gaya 2.

Usha Devi, Wife Of Suresh Yadav, Resident Of Village- Goli, Ps- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the State :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Fatehpur P.S. Case No. 23 of 2023 registered for the offences punishable under Sections 147, 148, 307 and 504 of the Indian Penal Code.

3. As per prosecution case, seven accused persons including the petitioners broke into the house of the informant and assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that there is case and counter case between the parties. Allegation against the petitioners are general and omnibus in nature. He

Patna High Court CR. MISC. No.41675 of 2023(2) dt.02-08-2023 2/2 further submits that Section 307 of the IPC is not made out against the petitioners and other Sections are bailable in nature. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Fatehpur P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T