Rajdev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41675 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Rajdev Yadav S/o- Late Baburam Yadav Village- Mushari Baira Bazar PSDahanha Dist-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prerna Anand, Advocate For the Opposite Party/s :
Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Dhanaha P.S. Case No. 81 of 2023 dated 09.05.2023, instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that over a dispute of barricading, scuffle took place between the informant and accused persons. On alarm raised by the informant, his brothers came to rescue him then they were assaulted by the accused persons including the petitioner by means of lathi-danda. Vikash Yadav assaulted Manoj Yadav by means of iron rod due to which he sustained head injury. Balistar Yadav assaulted on the
Patna High Court CR. MISC. No.41675 of 2024(3) dt.13-12-2024 2/3 left hand of Chandi Yadav causing injury on his palm.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner rather the specific allegation of assault is against Vikash Yadav and Balistar Yadav. It is next submitted that Balistar Yadav has been granted bail vide order dated 20.02.2024 passed by this court in Criminal Miscellaneous No. 9239 of 2024 and Vikash Yadav has been granted bail vide order dated 10.07.2024 passed by this court in Criminal Miscellaneous No. 47770 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Dhanaha P.S. Case No. 81 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bagaha, West Champaran, subject
Patna High Court CR. MISC. No.41675 of 2024(3) dt.13-12-2024 3/3 to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) sankalp/- U T