Ganga Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42555 of 2024 Arising Out of PS. Case No.-62 Year-2023 Thana- RUDRAPUR District- Madhubani ====================================================== 1.
Ganga Prasad Yadav Son of Baidnath Yadav R/O Vill.- Gangapur, Ward no.- 10, P.S.- Lakhnaur, Dist.- Madhubani 2.
Suman Kumar Raj Son of Chhote Lal Yadav R/O Vill.- Gangapur, Ward no.- 10, P.S.- Lakhnaur, Dist.- Madhubani 3.
Raman Kumar Son of Ram Pravesh Yadav R/O Vill.- Gangapur, Ward no.- 10, P.S.- Lakhnaur, Dist.- Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rudrapur P.S. Case no. 62 of 2023 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379, 504, 506/302 of the Indian Penal Code and section 27 of the Arms Act.
3. It is a case of opening fire upon the informant's father-in-law namely Bhola Yadav by co-accused Arvind Kumar Yadav at his leg due to which he sustained injury. Other accused
Patna High Court CR. MISC. No.42555 of 2024(3) dt.26-07-2024 2/3 persons along with the petitioners are said to have assaulted two persons from informant side who sustained injury. It is further submitted that injured Bhola Yadav succumbed to injury during course of treatment.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The petitioners have falsely been implicated in this case on account of land dispute and dirty village politics. From perusal of FIR, it is evident that the specific allegation of firing upon the deceased is against coaccused Arvind Yadav. No specific overt act attributed to the petitioner rather general and omnibus allegation against them.
5. Learned APP appearing for the state has opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rudrapur P.S. Case no. 62 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.42555 of 2024(3) dt.26-07-2024 3/3 like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Jhanjharpur, District- Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T