Heeraman Yadav @ Heeraman Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43833 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1.

HEERAMAN YADAV @ HEERAMAN PRASAD Son of Jagdish Yadav Resident of village - Gobardaha, P.S. - Fatehpur, Distt. - Gaya 2.

RAJENDRA YADAV S/o JAGDISH YADAV Resident of village - Gobardaha, P.S. - Fatehpur, Distt. - Gaya 3.

DINESH YADAV @ DINESH KUMAR Son of Heeraman Yadav @ Heeraman Prasad Resident of village - Gobardaha, P.S. - Fatehpur, Distt. - Gaya 4.

SUNAINA DEVI W/o HEERAMAN YADAV @ HEERAMAN PRASAD Resident of village - Gobardaha, P.S. - Fatehpur, Distt. - Gaya 5.

KAALO DEVI @ KALO DEVI W/o RAJENDRA YADAV Resident of village - Gobardaha, P.S. - Fatehpur, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 379, 504 of the Indian Penal Code pending in the learned court below.

3. Prosecution case as per the F.I.R. is that the animals of petitioner No.4 were grazing crops of informant. When the informant raised objection, all of sudden the accused persons including the petitioners armed with deadly weapons came at

Patna High Court CR. MISC. No.43833 of 2023(2) dt.22-08-2023 2/3 her house and started assaulting. Petitioner No.3 thrashed upon her chest and petitioner No.2 snatched her silver chain. It is further alleged that the accused persons assaulted the informant and her family members and due to which they sustained injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned counsel for the petitioners further submits that there is case and counter case between both sides and both sides have sustained injuries and injuries was found to be simple in nature as would be cleared from the impugned order itself.

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

6. Considering the nature of injury and admitted land dispute between the parties, 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, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where

Patna High Court CR. MISC. No.43833 of 2023(2) dt.22-08-2023 3/3 the case is pending/Successor court, in connection with Fatehpur P.S. Case No. 151 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) sanjeev/- U T