Dharmendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52828 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.
DHARMENDRA YADAV SON OF NARESH YADAV RESIDENT OF VILLAGE KARAI PS DEEPNAGAR DISTRICT NALANDA 2.
DEEPAK YADAV @ DEEPAK KUMAR SON OF NARESH YADAV RESIDENT OF VILLAGE KARAI PS DEEPNAGAR DISTRICT NALANDA 3.
RAKESH KUMAR @ RAKESH YADAV SON OF RAM BARAN YADAV @ RAM BARAN PRASAD RESIDENT OF VILLAGE KARAI PS DEEPNAGAR DISTRICT NALANDA 4.
NAGENDRA YADAV SON OF LATE UMESH YADAV RESIDENT OF VILLAGE KARAI PS DEEPNAGAR DISTRICT NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binit Kumar, Adv.
For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP.
Mr. Anil Kumar No.1, Adv.
Ms. Sonam Kumari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegedly, all the accused persons, armed with deadly weapons, came to the informant and started abusing. On objection, they assaulted the informant and his brother. Coaccused Nitish and Sambhu assaulted his brother Ravi by means
Patna High Court CR. MISC. No.52828 of 2023(2) dt.30-08-2023 2/3 of iron rod and lathi, respectively. They also fired upon the informant side, but nobody sustained fire arm injury.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to local village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against other co-accused persons. There is admitted land dispute between the parties. Petitioners have criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in
Patna High Court CR. MISC. No.52828 of 2023(2) dt.30-08-2023 3/3 connection with Deepnagar P.S. Case No. 199 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T