Jaynath Yadav @ Jaynath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59115 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- CHORAUT District- Sitamarhi ====================================================== 1.

Jaynath Yadav @ Jaynath Kumar Son of Radhe Yadav @ Radhe Shyam Rai R/V- Village-Khoriya, P.S.- Choraut, Distt.- Sitamarhi 2.

Radhe Yadav @ Radhe Shyam Rai son of Rajnandan Yadav R/V- VillageKhoriya, P.S.- Choraut, Distt.- Sitamarhi 3.

Rita Kumari @ Geeta Kumari D/O- Radhe Yadav R/V- Village-Khoriya, P.S.- Choraut, Distt.- Sitamarhi 4.

Shyama Devi @ Sharda Devi Wife of Radhe Yadav R/V- Village-Khoriya, P.S.- Choraut, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Narayan Jha For the State :

Mr. Sanjay Kumar Tiwary For the Informant :

Mr. Santosh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 326, 352, 354(B), 452, 504, 506/34 of the Indian Penal Code. 3.

As per the FIR, petitioners along with other co-accused persons brutally assaulted the informant's side by means of several deadly weapons.

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. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.59115 of 2024(2) dt.25-09-2024 2/2 allegation levelled against the petitioners that they have assaulted the injured person is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 Choraut P.S. Case No.26 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T