Raju Yadav @ Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40785 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- AMARPUR District- Banka ====================================================== 1.

RAJU YADAV @ RAJENDRA YADAV S/o Paltan Yadav R/o village- Bari Jankipur, P.S.- Amarpur, District- Banka 2.

Shankar Yadav S/o Paltan Yadav R/o village- Bari Jankipur, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41880 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- AMARPUR District- Banka ====================================================== RANJIT YADAV Son of Late Paltan Yadav @ Late Pulkit Yadav Resident of village- Bari Jankipur, P.S- Amarpur, Dist- Banka ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40785 of 2022) For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary (In CRIMINAL MISCELLANEOUS No. 41880 of 2022) For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 148, 149, 341,

Patna High Court CR. MISC. No.40785 of 2022(2) dt.24-11-2022 2/3 323, 307 of IPC and section 27 of Arms Act.

Allegedly, the petitioners and other accused persons assaulted the informant. It is further alleged that during the assault, the petitioners caught the informant and one Mithun Yadav and Gopi Yadav fired gun-shot on the informant due to which he sustained gun-shot injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is an admitted land dispute between the parties. He further submits that the injuries are simple in nature. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners 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

Patna High Court CR. MISC. No.40785 of 2022(2) dt.24-11-2022 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Amarpur P.S. Case No.56 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T