Shyam Sundar Yadav v. The State O Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7593 of 2021 Arising Out of PS. Case No.-286 Year-2020 Thana- SALIMPUR District- Patna ====================================================== 1.

SHYAM SUNDAR YADAV, S/O MISHRI YADAV, 2.

MOTI YADAV, S/O MISHRI YADAV, 3.

MISHRI YADAV, S/O LATE BASANT YADAV, ALL R/O VILLAGE-MUSHAHARI, P.S.-SALIMPUR, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE O BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kr. Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-06-2021 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State through virtual court proceedings.

Learned counsel for the petitioners undertake to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 307, 147, 148, 149, 323, 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioners alongwith other accused persons is of assaulting the informant and his family members.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.7593 of 2021(2) dt.03-06-2021 2/3 petitioners are innocent and have falsely been implicated in this case. He further submits that both parties are agnates and there is land dispute between the parties. There is case and counter case between the parties. There is general and omnibus allegation against the petitioners. The petitioner nos. 1 and 3 are languishing in judicial custody since 19.10.2020 and the petitioner no.2 is in judicial custody since 20.10.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned counsel for the informant submits that there is specific allegation against the petitioner and the injury report is not enclosed in the bail application.

Learned APP for the State opposes the prayer for bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Salimpur P.S. Case No. 286/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T

Patna High Court CR. MISC. No.7593 of 2021(2) dt.03-06-2021 3/3