Deepak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57972 of 2024 Arising Out of PS. Case No.-484 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Deepak Yadav Son Of Bishram Yadav Village- Mishrawalia, Ps- Buxar Mufassil, Dist- Buxar 2.
Mithun Yadav @ Mithun Singh Son Of Jitendra Singh @ Jiyoot Yadav Village- Kanaknarayan Pur, Ps- Buxar Muffsil, Dist- Buxar 3.
Manish Yadav @ Manish Kumar Son Of Gupteshwar Yadav @ Gupteshwar Singh@ Janardhan Yadav Village- Mishrawalia, Ps- Buxar Muffasil, DistBuxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parijat Saurav, Advocate For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-09-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504, 506 and 34 of the IPC Buxar (Muffasil) P.S. Case No.484 of 2023.
3. The learned counsel for the petitioners submit that petitioner no.1 and 3 have antecedent of two cases and petitioner no.2 has antecedent of one case and the informant alleges that he was going to Chausi Power Plant for work by bus, when the accused persons including the petitioners stopped the bus and dragged him out and started assaulting him, further
Patna High Court CR. MISC. No.57972 of 2024(2) dt.24-09-2024 2/3 Deepak assaulted him by an iron rod causing injury on his head and took away his golden chain and thereafter Mithun snatched rupees two thousand from his pocket and Manish was holding his hand. Further, Deepak was also carrying a countrymade pistol.
4. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that Buxar (Muffasil) P.S. Case No.488 of 2023 dated 15.11.2023 was instituted by the mother of petitioner no.1 against the informant and his side alleging that informant had come looking for her son and before she could understand that why they were looking for her son when they caught her hand and pulled her 'Sari' and misbehaved with her.
5. The learned counsel submits that petitioner no.1 on coming to know that informant has misbehaved with his mother went to his place when he came to know that he had boarded the bus and thereafter the occurrence took place, but it is submitted that the injuries suffered by the injured is simple in nature and the blow was not repeated. It is also submitted that petitioner and the informant are resident of the same village and are neighbours.
Patna High Court CR. MISC. No.57972 of 2024(2) dt.24-09-2024 3/3
6. The learned APP opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No.484 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T