Fulena Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50821 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.
Fulena Yadav Son Of Chandrika Yadav Resident Of Village - Amwa Dubay @ Amawa Dubey, Police Station - Vijayipur, District - Gopalganj 2.
Pataali Devi @ Pataali Yadav Wife Of Fulena Yadav Resident Of Village - Amwa Dubay @ Amawa Dubey, Police Station - Vijayipur, District - Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.
3. Prosecution case in brief is that on the alleged date and time of occurrence, all the FIR named accused persons armed with weapons forcibly tried to take possession over the land of informant. When informant protested, all of them assaulted them with lathi, danda and Katta on account of which informant sustained injuries.
4. It is submitted that allegation of assault is general
Patna High Court CR. MISC. No.50821 of 2023(2) dt.18-08-2023 2/2 and omnibus. Both parties are agnates and due to admitted land dispute between the parties, petitioners have been falsely implicated in this case. Moreover, the injuries sustained by the informant are simple in nature. Petitioners have got clean antecedent.
5. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Gopalganj in connection with Vijaipur P.S. Case No. 10 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T