Ganesh Kumar @ Ganesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46977 of 2022 Arising Out of PS. Case No.-125 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== 1.
Ganesh Kumar @ Ganesh Kumar Yadav Son Of Jeetan Yadav R/O VillageDahariya, P.S.- Chhatapur, District- Supaul 2.
Devendra Yadav Son Of Late Chhuthar Yaadav R/O Village- Dahariya, P.S.- Chhatapur, District- Supaul 3.
Veerendra Yadav @ Veerendra Kumar Son Of Late Chhuthar Yaadav R/O Village- Dahariya, P.S.- Chhatapur, District- Supaul 4.
Bijendra Yadav @ Bijendra Kumar Vimal Son Of Late Chhuthar Yaadav R/O Village- Dahariya, P.S.- Chhatapur, District- Supaul 5.
Sijendra Yadav @ Sitendra Yadav @ Sijendra Kumar Suman Son Of Late Chhuthar Yaadav R/O Village- Dahariya, P.S.- Chhatapur, District- Supaul 6.
Ramnarayan Yadav Son Of Late Bhola Yaadav R/O Village- Dahariya, P.S.- Chhatapur, District- Supaul 7.
Hanuman Prasad Yadav @ Hanuman Yadav Son Of Late Bhola Yadav R/O Village- Dahariya, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Adv.
For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 456, 380, 420 and 504 of the Indian Penal Code
Patna High Court CR. MISC. No.46977 of 2022(2) dt.06-12-2022 2/3 and 27 of the Arms Act.
Petitioners are said to have assaulted the informant by means of bomb and gun firing when the informant tried to oppose the construction.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is general and omnibus allegation leveled against the petitioners. He submits that from perusal of the impugned order, it appears that no one has sustained injury and allegation of gun firing is also not established because no such article has been seized by the police from the place of occurrence. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.46977 of 2022(2) dt.06-12-2022 3/3 court below where the case is pending/successor court in connection with Chhatarpur P.S. Case No. 125 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) guddukr/- U T