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Patna High CourtCR. MISC./47370/2022allowed

Rajendra Yadav v. The State Of Bihar

2023-01-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47370 of 2022 Arising Out of PS. Case No.-294 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

RAJENDRA YADAV Son of Late Sidheshwar Yadav Resident of Village - Mahua, P.S.- Karauna OP, Distt.- Jehanabad.

2.

Raj Kumar Yadav @ Raj Kumar Son of Rajendra Yadav Resident of Village - Mahua, P.S.- Karauna OP, Distt.- Jehanabad. 3.

Dharmendra Yadav Son of Rajendra Yadav Resident of Village - Mahua, P.S.- Karauna OP, Distt.- Jehanabad.

4.

Pintu Kumar Son of Rajendra Yadav Resident of Village - Mahua, P.S.- Karauna OP, Distt.- Jehanabad.

5.

Seema Devi W/o Dharmendra Yadav Resident of Village - Mahua, P.S.- Karauna OP, Distt.- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jogendra Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Jehanabad (Karauna O.P.) P.S. Case No.294 of 2022, registered for the offences punishable under Sections 448, 341, 323, 324, 379, 337, 504 and 34 of the Indian Penal Code. The prosecution case, in brief, is that on 26.04.2022 at about 10.00 A.M., the petitioners came at the door of the informant and abused on account of previous dispute. On protest, petitioner no.3, Dharmendra Yadav assaulted with iron rod to his nephew Ajay Kumar causing bleeding injury on his

Patna High Court CR. MISC. No.47370 of 2022(3) dt.16-01-2023 2/3 head. The petitioners also assaulted Mukesh Kumar by means of lathi-danda causing bleeding injury on his head. The informant was also assaulted by the petitioners by means of stones and bricks sustaining injury on his head. Petitioner No.5, Seema Devi assaulted the bhabhi of the informant by means of knife and lathi causing injuries in her eye and head. The petitioners snatched Rs.50,000/- and locket made of gold from the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedents as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is submitted that the injuries sustained by the injured persons are simple in nature.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the fact that the injuries sustained by the injured persons are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be

Patna High Court CR. MISC. No.47370 of 2022(3) dt.16-01-2023 3/3 enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Jehanabad (Karauna O.P.) P.S. Case No.294 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T