Jitan Yadav @ Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15390 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== 1.
JITAN YADAV @ JITENDRA YADAV Son of Sri Shambhu Yadav Resident of Village - Alinagar, P.s.- Sabour, Dist.- Bhagalpur. 2.
UMESH YADAV Son of Late Butilal Yadav Resident of Village - Alinagar, P.s.- Sabour, Dist.- Bhagalpur.
3.
BAIJNATH YADAV Son of Late Bishu Yadav Resident of Village - Alinagar, P.s.- Sabour, Dist.- Bhagalpur.
4.
BRAHMDEO YADAV @ BRAHMDEV YADAV Son of Late Khantar Yadav Resident of Village - Alinagar, P.s.- Sabour, Dist.- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2022 Heard Mr. Praveen Kumar, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Sabour P.S. Case No. 103 of 2020 dated 13.04.2020 instituted for the offences under Sections 147, 148, 149, 323, 504, 506, 307 and 354(B) of the Indian Penal Code.
The accusation against the accused persons including the petitioners is of assaulting the members of
Patna High Court CR. MISC. No.15390 of 2021(2) dt.06-01-2022 2/3 the prosecution party for not having withdrawn the murder case in which some of the accused persons are accused.
It has been submitted on behalf of the petitioners that 33 persons have been made accused in this case with 21 persons having been named in the FIR. The petitioners though are named in the FIR, but there is no specific accusation against them. In fact, the accusation of assault is against 7 of the accused persons, none of whom are the petitioners before this Court.
Though some of the victims have received injuries, most of which are simple in nature and with respect to some of them, its nature has not been assessed, but the counsel for the petitioners seeks anticipatory bail on their behalf as they are not attributed with any overt act.
The petitioners are also not accused in the aforenoted murder case.
Patna High Court CR. MISC. No.15390 of 2021(2) dt.06-01-2022 3/3 Regard being had to the facts aforestaed, the petitioners are directed to be released on bail, in the 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, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhgalpur in connection with Sabour P.S. Case No. 103 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T