Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 57077 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

GANESH YADAV S/O RAM BILAS YADAV R/O VILLAGE- SUPAUL, PS. GHANSHYAMPUR, DIST. DARBHANGA 2.

KAMLESH KUMAR YADAV S/O RAM BILAS YADAV R/O VILLAGESUPAUL, PS. GHANSHYAMPUR, DIST. DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Ranjit Kumar Yadav, Advocate For the Opposite Party/s :

Dr Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-02-2024 Heard the learned counsel for the petitioners as well as the learned APP for the State.

2 The petitioners apprehend their arrest in connection with Ghanshyampur PS Case No 308 of 2022 registered for the offences punishable under Sections 448, 341, 323, 324, 308, 354, 380, 382, 427, 504, 506/34 of the Indian Penal Code. 3 As per allegation, the accused persons including the petitioners, armed with weapon, came at the informant's house and assaulted the informant and his family members and looted the ornaments and destroyed the motorcycle.

4 Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.57077 of 2023(4) dt.27-02-2024 2/3 implicated in this case. Both the parties are agnates. There is land dispute between them and the injuries are simple in nature. 5 Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned Court below, be released on anticipatory bail on each of them furnishing bail bonds of Rs 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM, First Class, Biraul, District - Darbhanga in connection with Ghanshyampur PS Case No 308 of 2022 subject to the conditions as laid down under Section 438 (2) of Cr P C.

6 The petitioners, in paragraph 3 of the bail petition, have mentioned one antecedent against petitioner No 1 and two antecedents against petitioner No 2 detailed below: "3. That the petitioner No 1 is an accused in Ghanshyampur PS Case No 179 of 2022, under Sections 447, 341, 323, 379/34 IPC and petitioner No 2 is an accused in (i) Ghanshyampur PS Case No 94 of 2020 under Sections 341, 323, 324, 379, 504/34 & (ii) Ghanshyampur PS Case No 177 of 2022 under Sections 341, 323, 324, 379/34 IPC in which hey are admitted on bail.

Thereafter, petitioners have no any criminal antecedent."

7 The learned Court below shall verify the criminal antecedent of the petitioners and if it is found that they are

Patna High Court CR. MISC. No.57077 of 2023(4) dt.27-02-2024 3/3 involved in any other case except the above-mentioned cases, their bail bonds shall be liable to be cancelled. (Nawneet Kumar Pandey, J) M.E.H./- U