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Patna High CourtCR. MISC./52538/2023allowed

Ramashish Yadav v. The State Of Bihar

2023-08-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52538 of 2023 Arising Out of PS. Case No.-513 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Ramashish Yadav Son Of Late Ramchela Yadav Resident Of Village - Silouta, P.O. - Kataria, P.S. - Sonhan, Distt. - Kaimur (Bhabua) 2.

Ramdhyan Yadav @ Ramdhyan Singh S/O Late Ramchela Yadav Resident Of Village - Silouta, P.O. - Kataria, P.S. - Sonhan, Distt. - Kaimur (Bhabua) 3.

Shingashan Yadav S/O Late Ramchela Yadav Resident Of Village - Silouta, P.O. - Kataria, P.S. - Sonhan, Distt. - Kaimur (Bhabua) 4.

Lalit Yadav @ Lalit Singh S/O Late Ramchela Yadav Resident Of Village - Silouta, P.O. - Kataria, P.S. - Sonhan, Distt. - Kaimur (Bhabua) 5.

Abhishek Yadav @ Abhishek Kumar S/O Ramashish Yadav Resident Of Village - Silouta, P.O. - Kataria, P.S. - Sonhan, Distt. - Kaimur (Bhabua) 6.

Nitesh Yadav @ Nitish Kumar S/O Singashan Yadav Resident Of Village - Silouta, P.O. - Kataria, P.S. - Sonhan, Distt. - Kaimur (Bhabua) 7.

Abhay Yadav @ Abhay Kumar S/O Ramdhyan Yadav Resident Of Village - Silouta, P.O. - Kataria, P.S. - Sonhan, Distt. - Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Syed Mojibur Rahman :

Mr. Ranjay Kumar Patel ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 504 and 506 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners along with

Patna High Court CR. MISC. No.52538 of 2023(2) dt.30-08-2023 2/3 other co-accused persons are said to have assaulted the informant and his brother Abhayanand Kumar who sustained injury on head and leg.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is admitted land dispute between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the informant opposes the prayer for bail and submits that injury of one of the injured persons was grievous in nature. Hence, they do not deserve anticipatory bail.

6. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegations levelled against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the

Patna High Court CR. MISC. No.52538 of 2023(2) dt.30-08-2023 3/3 like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bhabhua (Sonhan) P.S. Case No.513/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T