Kampani Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57442 of 2024 Arising Out of PS. Case No.-109 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.
Kampani Yadav Son Of Bino Yadav Resident Of Village - Salaha Badaru, P.S. - Bithan, District - Samastipur 2.
Kedar Yadav Son Of Bino Yadav Resident Of Village - Salaha Badaru, P.S. - Bithan, District - Samastipur 3.
Adhin Yadav Son Of Bino Yadav Resident Of Village - Salaha Badaru, P.S. - Bithan, District - Samastipur 4.
Rajesh Kumar Son Of Jogo Yadav Resident Of Village - Salaha Badaru, P.S. - Bithan, District - Samastipur 5.
Deepak Kumar Son Of Jogo Yadav Resident Of Village - Salaha Badaru, P.S. - Bithan, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajit Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN 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 a case registered for the offence punishable under Sections 147, 341, 323, 324, 325, 307, 379, 504 of the Indian Penal Code.
3. Petitioners along with other accused persons are said to have snatched the watch and cash of Rs. 12,000/- from the informant. They also brutally assaulted the informant with intention to kill him and threw into a pit.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.57442 of 2024(2) dt.11-09-2024 2/3 the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that occurrence took place on 13.03.2019 but the FIR has been lodged on 12.04.2019 after delay of one month without explaining any reasonable cause of delay. He submits that the injury report of the informant reveals that the informant was admitted to Dhiriti Jeevan Hospital, Begusarai in which Dr. opined that the injured suffering from road traffic accident with head injury. He further submits that petitioner nos. 1, 2 3 have one criminal antecedent and rest of the petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the injury report does not support the prosecution case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.57442 of 2024(2) dt.11-09-2024 3/3 pending/successor court in connection with Alauli P.S. Case No. 109 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T