Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52728 of 2024 Arising Out of PS. Case No.-302 Year-2023 Thana- BALIYA District- Begusarai ====================================================== 1.

Rupesh Yadav S/O Pramod Yadav R/O Village-J Sirja,ward no.09,PS-Balia, Dist-Begusarai 2.

Bhola Yadav S/O Ram Ratan Yadav R/O Village-J Sirja,ward no.09,PSBalia, Dist-Begusarai 3.

Pramod Yadav S/O Rajendra Yadav R/O Village-J Sirja,ward no.09,PSBalia, Dist-Begusarai 4.

Ajay Yadav S/O Rajendra Yadav R/O Village-J Sirja,ward no.09,PS-Balia, Dist-Begusarai 5.

Santosh Yadav @ Santosh Kumar S/O Bindeshwari Yadav R/O Village-J Sirja,ward no.09,PS-Balia, Dist-Begusarai ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Petition for pre-arrest bail of petitioner no.2 is dismissed as withdrawn.

2. Heard learned counsel for the rest petitioners and learned counsel for the State.

3. Petitioners apprehend arrest in connection with Balia P.S. Case No. 302 of 2023 registered under Sections 147, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code.

4. As per prosecution case, on 23.10.2023, all the FIR named accused persons including these petitioners came at the house of the informant in a drunken state and assaulted the informant and her son on account of which they sustained injuries.

Patna High Court CR. MISC. No.52728 of 2024(2) dt.27-09-2024 2/2

5. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute. Further submission is that petitioners and the informant are co-villager and due to land dispute scuffle took place in between them. For the same occurrence, there is case and counter case. The present case has been lodged after a delay of 6 days without any explanation. The doctor has found the injuries simple in nature. Petitioners claim clean antecedent.

6. Having considered the facts and circumstances of the case, let the above named petitioners no. 1, 3, 4 and 5 be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 302 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) Shashi U T