Indra Dev Yadav @ Indradev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 50873 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.
Indra Dev Yadav @ Indradev Yadav S/O Late Baba Ji Yadav @ Babaji Yadav Resident Of Village- Akonama, P.S.- Kusheshwar Asthan, DistrictDarbhanga. 2.
Gaurav Kumar @ Gaurav Yadav S/O Sri Indra Dev Yadav @ Indradev Yadav Resident Of Village- Akonama, P.S.- Kusheshwar Asthan, DistrictDarbhanga. 3.
Mintu Yadav @ Mintu Kumar S/O Sri Sakaldev Yadav Resident Of VillageAkonama, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertake to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 354/34 of the Indian Penal Code and 3 and 4 of the Prevention of Witch (Daain) Practice Act.
As per FIR, petitioner and two unknown criminal came on the Darwaja of the informant and started abusing him. On objection, they fired upon the informant.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No. 50873 of 2022(2) dt.12-12-2022 2/2 this case due to personal grudge and personal vendetta. He submits that there is case and counter case in between the parties. He further submits that from the injury reports, the same doesn't support the allegation and injuries were simple in nature which exonerate the petitioners from false allegation. He further submits that petitioners have no criminal antecedent in para '3' of the bail application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the fact that the injury found upon the victim is simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Kusheshwar Asthan P.S. Case No. 130 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ishika/devendra U T