Bhim Yadav @ Bhim Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51833 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== 1.
Bhim Yadav @ Bhim Kumar S/O Late Ramanand Yadav Resident of villageAgraili, P.S.- Chandauti, District- Gaya. 2.
Arvind Yadav @ Arvind Kumar S/O Nanhak Yadav Resident of villageAgraili, P.S.- Chandauti, District- Gaya. 3.
Sunil Yadav S/O Late Bhola Yadav Resident of village- Agraili, P.S.- Chandauti, District- Gaya.
4.
Raushan Yadav @ Raushan Kumar S/O Late Sunil Yadav Resident of village- Agraili, P.S.- Chandauti, District- Gaya. 5.
Arun Yadav @ Arun Kumar S/O Ramesh Yadav Resident of village- Agraili, P.S.- Chandauti, District- Gaya.
6.
Ramdahin Yadav S/O Late Kesho Yadav Resident of village- Agraili, P.S.- Chandauti, District- Gaya.
7.
Abhinandan Yadav @ Abhinandan Kumar S/O Ramdahin Yadav Resident of village- Agraili, P.S.- Chandauti, District- Gaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lal Bahadur Singh For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application of Arvind Yadav @ Arvind Kumar petitioner no. 2. Permission is granted. The anticipatory bail application with respect to Arvind Yadav @ Arvind Kumar is dismissed as withdrawn.
Heard learned counsel for the petitioners and the
Patna High Court CR. MISC. No.51833 of 2022(2) dt.19-12-2022 2/3 State.
The petitioner nos. 1, 3, 4, 5, 6 and 7 apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 384 and 386 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, co-accused Manoj Yadav and petitioner no. 2 extorted money as Rangdari from the informant. Thereafter, the accused persons forcibly took away wheat crops of the informant and fled away and co-accused Kamlesh Yadav and Mithilesh Yadav fired from their pistols. It is submitted that specific accusation of extortion and firing is against other co-accused persons, so far as these petitioners are concerned, there is general and omnibus allegation against them. It is next submitted that a civil suit bearing Title suit No. 15 of 2015 is pending between the parties and due to land dispute, petitioners have been falsely implicated in this case. Though, there is allegation of firing, but none has sustained firearm injury.
Considering the facts aforesaid, the petitioner nos. 1, 3, 4, 5, 6 and 7 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
Patna High Court CR. MISC. No.51833 of 2022(2) dt.19-12-2022 3/3 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 Additional Chief Judicial Magistrate III, Gaya in connection with Chandauti P.S. Case No. 125 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T