Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59052 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== 1.
MUKESH YADAV @ MUKESH KUMAR YADAV Son of Sahdev Yadav R/O VILLAGE DARIYAPUR, POST PAKHAR, P.S. AKBARPUR, DISTRICT NAWADA 2.
CHANDESHAR YADAV @ CHANDESHAR PRASAD Son of Hulas Yadav R/O VILLAGE JETHSARI, P.S. GOVINDPUR, DISTRICT NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Adv.
For the Opposite Party/s :
Mr.Nand Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354, 307, 504, 506 of the Indian Penal Code.
3. Allegedly, after some altercation, all the FIR named accused persons assaulted the informant's family members by means of lathi-danda and iron rod as a result they sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.59052 of 2023(2) dt.12-10-2023 2/3 offence. Both the parties are neighbours. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is general and omnibus. There is some dispute going on between the parties regarding a drain. Petitioners have two criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail and submitted that there is serious allegation against the petitioner no.1 and co-accused persons to assault injured Arun Kumar by means of iron rod on his fore-head due to which he sustained grievous injury.
6. Having regard to the facts and circumstances of the case, as injury caused by petitioner no.2 to the injured was found simple in nature, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Govindpur P.S. Case No. 205 of 2022, subject to the condition as laid down
Patna High Court CR. MISC. No.59052 of 2023(2) dt.12-10-2023 3/3 under Section 438 (2) of the Cr.P.C.
7. However, petitioner no.1 caused grievous injury to injured Arun Kumar, I am not inclined to enlarge the petitioner no.1 on bail. The prayer for bail of the petitioner no.1 is hereby rejected.
8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) divyanshi/- U T