Ram Sakal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51441 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== 1.

Ram Sakal Yadav S/O Late Kashi Yadav R/O Village- Sakirbigha Tola Jhashibigha, P.S- Belaganj, Distt.- Gaya.

2.

Pawan Kuamr S/O Ram Sakal Yadav R/O Village- Sakirbigha Tola Jhashibigha, P.S- Belaganj, Distt.- Gaya.

3.

Dipak Kumar S/O Ram Sakal Yadav R/O Village- Sakirbigha Tola Jhashibigha, P.S- Belaganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Belaganj P.S. Case No. 187 of 2024 dated 09.04.2024, lodged under Sections 341, 323, 504, 307, 354, 379, 506, 34 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioners. The allegation against the petitioner no.1 and 3 is that they have assaulted the informant by lathi and danda. The allegation

Patna High Court CR. MISC. No.51441 of 2024(2) dt.21-08-2024 2/3 against the petitioner no.2 is that he has assaulted the informant's son and made gun firing in air. The specific allegation is against accused Lalan Kumar who has assaulted the informant on his head by iron rod.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that the criminal antecedent of the petitioners are clean. Counsel further submits that the specific allegation is against accused Lalan Kumar who has assaulted the informant on his head by iron rod but, the informant in order to save himself from that assault, his left hand was broken.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that allegation against petitioner no.2 namely Pawan Kumar is of gun firing in air and specific allegation is against accused Lalan Kumar who is not petitioner in the present case.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner no.1 and petitioner no.3 be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.51441 of 2024(2) dt.21-08-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 187 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

7. As far as petitioner no.2 is concerned, this Court is not inclined to grant anticipatory bail to him and accordingly, the prayer for anticipatory bail of the petitioner no.2 is hereby rejected.

(Dr. Anshuman, J) Divyansh/- U T