Srikant Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57790 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
Srikant Yadav Son Of Late Shiv Nandan Thakur Village- Amtahi, PsManigachhi, Dist- Darbhanga 2.
Subhash Yadav Son Of Anand Yadav Village- Amtahi, Ps- Manigachhi, DistDarbhanga 3.
Babulal Yadav Son Of Pritam Yadav Village- Amtahi, Ps- Manigachhi, DistDarbhanga 4.
Bauan Yadav Son Of Rajendra Yadav Village- Amtahi, Ps- Manigachhi, Dist- Darbhanga 5.
Vidyanand Yadav Son Of Late Siya Lakhan Yadav Village- Amtahi, PsManigachhi, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP For the Informant :
Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners; learned counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Manigachhi P.S. Case No. 99 of 2024 dated 14.05.2024, instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 354(B), 504 & 34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 14.05.2024 at 14:55 hrs, the informant along with his wife Shila Devi was going to sell vegetables and when they reached near
Patna High Court CR. MISC. No.57790 of 2024(3) dt.20-11-2024 2/3 the house of Baualal Yadav, he started abusing them and when his wife protested then petitioners and other accused person duly armed with various weapons attacked upon the informant and his wife. It is further alleged that Baualal Yadav gave axe blow upon the informant, Pravin Yadav gave farsa blow on the head of the informant due to which he received injury on his head and blood started oozing out. On hulla, when the brother of informant came to save him then he was also assaulted by the accused persons. It is further alleged that Bauan Yadav (petitioner no. 4) assaulted the wife of the informant with gun due to which her hand was broken.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is a specific allegation against co-accused Pravin Yadav of assaulting with farsa blow on the head of informant and Bauan Yadav (petitioner no. 4), of assaulting with gun on the hand of Shila Devi (wife of informant) due to which her hand was broken. It is next submitted that injury of the informant and his wife are found to be simple in nature. It is further stated that there is a case and counter case between the parties bearing Manigachhi P.S. Case No. 98 of 2024 lodged by co-accused Pravin Yadav against the
Patna High Court CR. MISC. No.57790 of 2024(3) dt.20-11-2024 3/3 informant and others. It is further submitted that both the parties are co-villagers. Lastly, it has been submitted that the petitioner nos. 2, 3 & 5 have no criminal antecedents whereas petitioner nos. 1 & 4 have one criminal case against them.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Manigachhi P.S. Case No. 99 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- VIII, Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T