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Patna High CourtCR. MISC./51365/2024bail granted

Manoj Yadav v. The State Of Bihar

2024-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51365 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- NTPC District- Bhagalpur ====================================================== 1.

Manoj Yadav S/o- Late Shankar Yadav Village- Yamuniyan Tola Ps- NTPC Dist- Bhagalpur 2.

Kapildeo Yadav son of Late Shankar Yadav Village- Yamuniyan Tola PsNTPC Dist- Bhagalpur 3.

Sunil Yadav son of Sri Dinesh Yadav Village- Yamuniyan Tola Ps- NTPC Dist- Bhagalpur 4.

Sanjeev Yadav @ Sanjeev Kumar Yadav @ Sanjeev Kumar son of Sri Manoj Yadav Village- Yamuniyan Tola Ps- NTPC Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with N.T.P.C. P.S. Case No. 15 of 2024 registered under Sections 147, 148, 149, 323, 324, 504, 506 and 307 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons including these petitioners assaulted informant and his family members, as a result of which, they sustained injuries.

4. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.51365 of 2024(2) dt.22-08-2024 2/2 submits that allegation of assault is general and omnibus. No specific over act is against the petitioners. As a matter of fact, there is land dispute between the families of informant and petitioners due to which a free fight took place between them. Case and counter case. Both sides sustained injuries. The case lodged by the petitioners is earlier in point of time.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application and submits that petitioners are named in the First Information Report with the allegation of assault.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners 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-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate/or in-charge, Bhagalpur in connection with N.T.P.C. P.S. Case No. 15 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T