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Patna High CourtCR. MISC./52206/2024allowed

Murari Yadav v. The State Of Bihar

2024-08-28Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52206 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- GARHI District- Jamui ====================================================== 1.

Murari Yadav son of Mahendra Yadav Village- Bojhayat P.S.- Garhi DistJamui 2.

Radheshyam Yadav @ Radhey Yadav son of Sheo Charan Yadav VillageBojhayat P.S.- Garhi Dist- Jamui 3.

Mahendra Yadav son of Shiv Charan Yadav Village- Bojhayat P.S.- Garhi Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Garhi P.S. Case No. 32 of 2024, instituted under Sections 341, 323, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence F.I.R. named accused persons including petitioners variously armed came and assaulted the informant, her husband and her daughter causing injury. Accused persons also snatched the valuables of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.52206 of 2024(2) dt.28-08-2024 2/2 case due to land dispute. They have committed no offence. Both parties are agnates. Due to land dispute free fight taken place between the families of both the parties in which both parties have received injuries. There is case and counter case between the parties. Allegation against the petitioners is not corroborated with the medical report. Petitioners have two criminal antecedents in which they are on bail. They undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Garhi P.S. Case No. 32 of 2024, subject to the conditions laid down in Section 438

(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T