Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60183 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- CHAKAI District- Jamui ====================================================== 1.

ASHOK YADAV son of Parmeshwar Yadav Village- Gudiyadih Ps- Chakai Dist- jamui 2.

Binod Yadav @ Binod Kumar Yadav son of Dhaneshwar Yadav VillageGudiyadih Ps- Chakai Dist- jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard the parties.

2. Petitioners apprehend their arrest in a case registered for offence punishable u/s 147/ 148/ 149/ 341/ 323/ 324/ 325/ 326/ 448/ 307/ 380/ 504/ 506 IPC.

3. As per the prosecution case, all the F.I.R. named accused persons armed variously entered into the house of the informant and assaulted him. Petitioner no.1 assaulted the informant with sword and petitioner no.2 assaulted one Devendra Yadav with sword.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to

Patna High Court CR. MISC. No.60183 of 2023(2) dt.13-10-2023 2/2 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained grievous injury. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since both sides have sustained grievous injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 pending/Successor Court in connection with Chakai P.S. Case No.135 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T