Suresh Yadav @ Suresh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48115 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- RUPAULI District- Purnia ====================================================== 1.
SURESH YADAV @ SURESH SON OF LATE BOUKU YADAV 2.
SADHU YADAV SON OF SURESH YADAV 3.
RAHUL KUMAR SON OF POLICE YADAV ALL ARE RESIDENT OF VILLAGE - ANJHARI DHOBINYA BASA, P.S. - RUPAULI (MOHANPUR), DISTRICT - PURNEA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-08-2024
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with Rupauli P.S. Case no.282 of 2023 registered for the offence punishable under sections 307, 341, 323, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that the accused persons came variously armed. There was an altercation between the parties on account of the goat having entered into the agricultural land of the petitioners. It is stated that the petitioners herein came, assaulted and also resorted to firing.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case because of enmity between the parties. There is case and counter case
Patna High Court CR. MISC. No.48115 of 2024(2) dt.08-08-2024 2/2 between the parties, the correct version having been narrated in the counter case lodged by the wife of petitioner no.1 herein and which has been brought on record as Annexure-P/2 to the petition. So far as the allegation of firing etc. is concerned, besides the same being false and concocted, no person was injured in the entire occurrence.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and having perused the contents of the petition, there being case and counter case between the parties and no person having been injured in the entire occurrence, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rupauli P.S. Case no.282 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Partha Sarthy, J) Saurabh/- U T