Manoj Yadav @ Manoj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43904 of 2023 Arising Out of PS. Case No.-311 Year-2021 Thana- DELHA District- Gaya ====================================================== 1.

MANOJ YADAV @ MANOJ PRASAD son of Mahadev Yadav @ Mahadev Prasad Village- Badki Delha Paraiya road Mal Godam Po Ps- Delha DistGaya 2.

Deepak Yadav @ Aaju son of Mahadev Yadav @ Mahadev Prasad VillageBadki Delha Paraiya road Mal Godam Po Ps- Delha Dist- Gaya 3.

Chandan Kumar @ Chandu son of Manoj Yadav @ Manoj Prasad VillageBadki Delha Paraiya road Mal Godam Po Ps- Delha Dist- Gaya 4.

Mahadev yadav @ Mahadev Prasad son of late Moti Yadav Village- Badki Delha Paraiya road Mal Godam Po Ps- Delha Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shamimul Hoda, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Delha P.S. Case No. 311 of 2021 dated 14.12.2021, instituted for the offence punishable under Sections 147, 148, 341, 323, 379, 307 and 506 of the Indian Penal Code.

3. The allegation against the petitioners is that on 30.10.2021 at about 9:00 pm the informant along with his family reached his ancestral house and on seeing them petitioner nos. 1 to 4 started to abuse and assault them with lathi with an intention to kill. It is further alleged that one co-accused snatched golden chain from the informant and left him grievously injured.

Patna High Court CR. MISC. No.43904 of 2023(2) dt.04-08-2023 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case due to land dispute which is evident from the F.I.R.. It is further submitted that all the accused persons and informant are close relatives. It is submitted also that the injury mentioned in the impugned order shows that injury is simple in nature. Lastly, it has been submitted that they have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest/surrender of the petitioners in connection with Delha P.S. Case No. 311 of 2021, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U