Devendra Kumar @ Devendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41836 of 2023 Arising Out of PS. Case No.-80 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== 1.
DEVENDRA KUMAR @ DEVENDRA YADAV S/o- UMAKANT YADAV Village- Kachua Baharwa Tol Ps- lakhnaur Dist- Madhubani 2.
RAVINDRA KUMAR @ RAVINDRA YADAV S/o- UMAKANT YADAV Village- Kachua Baharwa Tol Ps- lakhnaur Dist- Madhubani 3.
RAMESH KUMAR @ RAMESH YADAV S/o- RAM BABU YADAV Village- Kachua Baharwa Tol Ps- lakhnaur Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Lakhnaur P.S. Case No. 80 of 2020 registered for the offences punishable under Sections 147, 341, 323, 427, 429, 354, 379, 504 of the Indian Penal Code.
3. As per prosecution case, petitioners and other entered into the house of informant and assaulted the inmates of the house. It is also alleged that they misbehaved with informant's niece and wife of informant's brother. It is also alleged that they snatched gold ornaments from the neck and ear
Patna High Court CR. MISC. No.41836 of 2023(2) dt.07-08-2023 2/3 of informant's wife and his mother. It is further alleged that they assaulted the informant's cow resulting death of said cow. It is further alleged that mobile in question was also snatched. Motorcycle in question was also damaged by the accused persons.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear criminal antecedent of one case in which they are on bail. He further submits that there is no specific allegation against the petitioners rather the same is general and omnibus in nature. He further submits that allegation of assault upon the cow is also not specific against the petitioners. Learned counsel by referring para 10 of the petition submits that no injury has been found on the person of the informant or his family member by the doctor.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender
Patna High Court CR. MISC. No.41836 of 2023(2) dt.07-08-2023 3/3 before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Jhanjharpur, District Madhubani in connection with Lakhnaur P.S. Case No. 80 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) shahzad/- U T