Asman Yadav @ Asman Rai @ Asman Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51815 of 2021 Arising Out of PS. Case No.-287 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
ASMAN YADAV @ ASMAN RAI @ ASMAN RAY S/o GAYA YADAV R/o VILLAGE-BAHASI TOLA, P.S- MAJHAULIYA, DISTRICT-WEST CHAMPARAN.
2.
ANIRUDH YADAV S/o GAYA YADAV R/o VILLAGE-BAHASI TOLA, P.S- MAJHAULIYA, DISTRICT-WEST CHAMPARAN.
3.
CHANDAN KUMAR @ CHANDAN YADAV S/o ASMAN YADAV @ ASMAN RAI @ ASMAN RAY R/o VILLAGE-BAHASI TOLA, P.SMAJHAULIYA, DISTRICT-WEST CHAMPARAN. 4.
KARIMAN YADAV S/o YADAV LAL YADAV R/o VILLAGE-BAHASI TOLA, P.S- MAJHAULIYA, DISTRICT-WEST CHAMPARAN. ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 & 504/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.51815 of 2021(2) dt.06-05-2022 2/3 The accusation against these petitioners is that they along with other co-accused abused and brutally assaulted the informant and his son.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to enmity and dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, there is an admitted land dispute between the parties. In the alleged occurrence, both sides have sustained injuries and there is case and counter case between the parties. Similarly situated co-accused, namely, Rampravesh Yadav @ Rampravesh Prasad Yadav has been enlarged on anticipatory bail by this court vide order dated 18.04.2022 passed in Cr. Misc. No. 45609 of 2021. Petitioner nos.3 & 4 have no criminal antecedent.
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 sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.51815 of 2021(2) dt.06-05-2022 3/3 lower Court where the case is pending/successor Court in connection with Majhauliya P.S. Case No. 287 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U