Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40178 of 2022 Arising Out of PS. Case No.-289 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== 1.

Bhushan Yadav Son Of Meghan Yadav Resident Of Village- Pachmahua, P.S.- Sikandra, District- Jamui.

2.

Hari Yadav Son Of Musho Yadav Resident Of Village- Pachmahua, P.S.- Sikandra, District- Jamui.

3.

Jairam Yadav Son Of Pavitra Yadav Resident Of Village - Bhatta, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections147, 148, 149, 341, 323, 324, 307, 353, 332, 333, 504 of the Indian Penal Code.

As per FIR, mob assaulted the informant on his head and also snatched SLR rifle. Five persons including the

Patna High Court CR. MISC. No.40178 of 2022(2) dt.22-11-2022 2/3 petitioners were identified.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to dirty village politics. He submits that the injury found upon the informant is simple in nature. He submits that all Sections are bailable, except Sections 307, 353, 332 IPC which are not made out against the petitioners. He submits that petitioners were going to Sikandra market and due to road Jam, petitioners were standing near the place of occurrence. He submits that there is no specific overt act against the petitioners. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the petitioners are the member of mob, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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

Patna High Court CR. MISC. No.40178 of 2022(2) dt.22-11-2022 3/3 in connection with Sikandra P.S. Case No. 289 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T