Jokhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43531 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== 1.

JOKHAN YADAV Son of Late Jagdeep Yadav Resident of village - Mushahari, P.S. - Chanpatiya (Sirisiya O.P.), Distt. - West Champaran 2.

Yamuna Yadav Son of Late Jagdeep Yadav Resident of village - Mushahari, P.S. - Chanpatiya (Sirisiya O.P.), Distt. - West Champaran 3.

Ramji Yadav Son of Yamuna Yadav Resident of village - Mushahari, P.S. - Chanpatiya (Sirisiya O.P.), Distt. - West Champaran 4.

Munna Yadav Son of Yamuna Yadav Resident of village - Mushahari, P.S. - Chanpatiya (Sirisiya O.P.), Distt. - West Champaran 5.

Lalu Yadav Son of Yamuna Yadav Resident of village - Mushahari, P.S. - Chanpatiya (Sirisiya O.P.), Distt. - West Champaran 6.

Bharat Yadav Son of Jokhan Yadav @ Yamuna Yadav Resident of village - Mushahari, P.S. - Chanpatiya (Sirisiya O.P.), Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 447, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. Allegedly, after some altercation, on instigation of petitioner no.2, petitioner no.1 assaulted the informant with lathi on his head. Petitioner nos. 4 & 6 snatched golden chain

Patna High Court CR. MISC. No.43531 of 2023(2) dt.18-08-2023 2/3 and wrist watch from the possession of the informant, respectively. Petitioner no.3 took away Rs. 10,000/- from the pocket of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. A title suit bearing Title Suit No. 02 of 2023 is pending in the learned Court below. The injury sustained by the informant was found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the informant sustained simple injury, 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 sureties of the like amount each to the satisfaction of the learned lower Court

Patna High Court CR. MISC. No.43531 of 2023(2) dt.18-08-2023 3/3 where the case is pending/successor Court in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 91 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T