Santosh Yadav @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43113 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- Hathiyav District- Sheikhpura ====================================================== 1.
Santosh Yadav @ Santosh Kumar S/o Gurudev Yadav R/o Village-Sarika, P.S. Hathiyawan @ Hathiyawa, Dist. Sheikhpura 2.
Gurudev Yadav S/o Late Mangal Yadav R/o Village-Sarika, P.S. Hathiyawan @ Hathiyawa, Dist. Sheikhpura 3.
Hareram Yadav S/o Late Vishu Yadav R/o Village-Sarika, P.S. Hathiyawan @ Hathiyawa, Dist. Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Adv For the Opposite Party/s :
Mr. Bishweshwar Ram APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners apprehend their arrest in connection with Hathiyawa P.S.Case No. 01 of 2024 dated 27.03.2024 instituted for the offence punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
3. The case of prosecution, all the FIR named accused persons including the petitioners assaulted the informant and his brother by means of iron rod causing head injury and snatched Rs. 4 lakh.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that specific allegation of assault on the
Patna High Court CR. MISC. No.43113 of 2024(2) dt.10-07-2024 2/2 head of the informant and the brother of the informant by means of iron rod by Preman Yadav rather general and omnibus allegation against the petitioners. There is case and counter case bet ween the parties. The counter case has been lodged by the petitioner no. 1 namely, Santosh Yadav @ Santosh Kumar. The petitioners have clean antecedent.
5. Learned A.P.P for the State has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioners within a period of six weeks from today, in connection with Hasthiyawa P.S.Case No. 01 of 2024 they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M, Sheikhpura or appropriate Court Below, subject to condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
N.K/- (Khatim Reza, J) U T