Har Dayal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57687 of 2024 Arising Out of PS. Case No.-84 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== 1.

Har Dayal Yadav, S/O Late Meghan Yadav, R/O Village- Bardiha, TolaDukhi Bigha, P.S- Tankuppa, District- Gaya. 2.

Raj Kumar Yadav, S/O Hari Dayal Yadav @ Har Dayal Yadav, R/O VillageBardiha, Tola- Dukhi Bigha, P.S- Tankuppa, District- Gaya. 3.

Pankaj Kumar, S/O Raj Kumar Yadav, R/O Village- Bardiha, Tola- Dukhi Bigha, P.S- Tankuppa, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Tankuppa P.S. Case No. 84 of 2022, registered for the offences punishable under Sections 147, 149, 341, 323, 336, 337, 308, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, when all the named accused persons including the petitioners were taking away the bricks from the road then the informant objected them then they assaulted him with bricks due to which the informant sustain injuries on his head.

Patna High Court CR. MISC. No.57687 of 2024(2) dt.11-09-2024 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Both the parties are neighbours and there is three days delay in filing the FIR without any plausible explanation. Petitioners have no criminal antecedent. Petitioners undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Tankuppa P.S. Case No. 84 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T