Manjit Yadav @ Manjeet Yadav @ Manjeet Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47937 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.
Manjit Yadav @ Manjeet Yadav @ Manjeet Kumar Yadav S/o- Baburam Yadav Village- Paithan Patti Malikana P.S.- Manjha Garh Dist- Gopalganj 2.
Baliram Yadav @ Baliram Chaudhary son of Channdra Yadav @ Chanar Chaudhary Village- Paithan Patti Malikana P.S.- Manjha Garh DistGopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Prasad Yadav, Advocate For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the Petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Manjhagarh P.S. Case No. 48/2024 dated 08.02.2024 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 504, 506 read with Section 34 of the Indian Penal Code.
3. Mr. Shambhu Prasad Yadav, learned counsel for the petitioners submits that the instant matter relates to a free fight having taken place in between both the parties and a land dispute is said to be the genesis of the occurrence and five persons from petitioner's side sustained injuries in the alleged
Patna High Court CR. MISC. No.47937 of 2024(2) dt.20-08-2024 2/3 occurrence and the relevant documents showing their medical treatments have been filed as Annexure-4 series. It is further submitted that the allegation levelled against petitioners in the F.I.R. does not get corroboration from the injury report of Ramashankar Yadav and Prashant Yadav and in this regard, Annexure-3 series may be perused.
4. Mr. Ashok Kumar Singh, learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the facts and circumstances of this case as well as above submissions and mainly the facts that as per the F.I.R, twelve persons participated in the alleged occurrence and petitioner Baliram Yadav is alleged to have assaulted at the leg of one namely, Ramashankar Yadav by a sharp edged weapon but the injury report of said Ramashankar Yadav shows that he has sustained simple injuries caused by hard and blunt object which is contradictory to the nature of allegation and the petitioner, Manjeet Yadav, is alleged to have assaulted informant's nephew namely, Prashant Yadav, on his head by means of a sharp edged weapon but his injury report filed with this bail petition shows that he sustained simple injuries which were caused by hard and blunt object as per medical opinion and the same is also contradictory to the nature
Patna High Court CR. MISC. No.47937 of 2024(2) dt.20-08-2024 3/3 of allegation levelled against this petitioner in the F.I.R., in my opinion, in the said circumstances, the petitioners deserve to the privilege of anticipatory bail. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Manjhagarh P.S. Case No. 48/2024 on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) siddharthkr/- U T