Nandlal Kumar @ Nand Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58843 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.
Nandlal Kumar @ Nand Lal Yadav Son Of Mangru Yadav @ Pemal Yadav @ Rebal Yadav Resident Of Village - Pachamba, P.S.- Barachatti, Dist.- Gaya.
2.
Mundrika Yadav Son Of Mangru Yadav @ Pemal Yadav @ Rebal Yadav Resident Of Village - Pachamba, P.S.- Barachatti, Dist.- Gaya. 3.
Rajendra Yadav Son Of Karu Yadav Resident Of Village - Pachamba, P.S.- Barachatti, Dist.- Gaya.
4.
Bhunar Yadav Son Of Shiv Fayal Yadav Resident Of Village - Pachamba, P.S.- Barachatti, Dist.- Gaya.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh For the Opposite Party/s :
Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 307, 504, 506, 147, 148, 452 and 34 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that she along with her family members on 08.01.2020 were sitting in their house, the accused persons
Patna High Court CR. MISC. No.58843 of 2021(2) dt.12-07-2022 2/3 including the petitioner entered into her house variously armed and assaulted the informant as well as her other family members. It is next alleged that Bhunar Yadav (petitioner no.4) was armed with pistol and Mundrika Yadav (petitioner no.2) assaulted Najo Yadav with garasa causing grievous injury. Thereafter, Nandlal Kumar @ Nand Lal Yadav (petitioner no.1) assaulted Upendra Yadav with garasa and Rajendra Yadav (petitioner no.3) assaulted Mateshri Devi with garasa and thereafter, it is alleged that they also took away nose and ear rings along with some other articles of the informant's house. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. The present F.I.R. is a counter-blast of Barachatti P. S. Case No.10 of 2020 instituted by the petitioner no.2 herein. It is next submitted that from perusal of the allegations as alleged in the F.I.R., it would manifest that no motive for the occurrence has been given by the informant.
The learned counsel next submits that all the injuries suffered by the injured are simple in nature except the injury of Najo Yadav, who is alleged to have been assaulted by Mundrika Yadav.
Learned A.P.P. opposes the bail application and
Patna High Court CR. MISC. No.58843 of 2021(2) dt.12-07-2022 3/3 submits that the injury suffered by Najo Yadav is grievous. . Considering the submissions made by the learned counsel for the petitioners, the petitioner nos.1, 3 and 4, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Barachatti P. S. Case No.11 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
So far as the allegation against petitioner no.2 is concerned, the Court is not persuaded to extend the privilege of anticipatory bail application to the petitioner no.2 namely, Mundrika Yadav.
Accordingly, prayer for anticipatory bail application of petitioner no.2 stands rejected.
(Satyavrat Verma, J) vikash/- U T