Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62437 of 2024 Arising Out of PS. Case No.-1181 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Surendra Yadav Son of Late Jagat Yadav R/V- Village- Sahugarh, Janki Tola, Ward No. 4, P.S. and District- Madhepura, Bihar 2.

Shankar Yadav Son of Late Jagat Yadav R/V- Village- Sahugarh, Janki Tola, Ward No. 4, P.S. and District- Madhepura, Bihar 3.

Pappu Yadav @ Pappoo Yadav Son of Late Lakhichandra Yadav R/VVillage- Sahugarh, Janki Tola, Ward No. 4, P.S. and District- Madhepura, Bihar 4.

Jawahar Yadav Son of Late Lakhichandra Yadav R/V- Village- Sahugarh, Janki Tola, Ward No. 4, P.S. and District- Madhepura, Bihar 5.

Shatrughana Yadav @ Shatrughna @ Shatrughan Yadav Son of Late Lakhichandra Yadav R/V- Village- Sahugarh, Janki Tola, Ward No. 4, P.S. and District- Madhepura, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable u/s 341, 323, 324, 379, 384, 447, 504, 506/34 of IPC and 27 of Arms Act. 3.

Allegedly, the petitioners along with some other unknown co-accused persons armed with weapons came and started cutting the crops in the field of the informant. When informant along with her two sons went there to stop them,

Patna High Court CR. MISC. No.62437 of 2024(3) dt.20-11-2024 2/3 they assaulted informant and her sons.

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. No incriminating articles was recovered from conscious physical possession of the petitioners. As per injury report, injury was found to be simple in nature. There is admitted land dispute between the parties. There is case and counter case between them. Petitioner no. 1 has two criminal antecedent, petitioner nos 2 and 3 have one criminal antecedent and petitioner nos. 4 and 5 have three criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and there is general and omnibus allegation 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

Patna High Court CR. MISC. No.62437 of 2024(3) dt.20-11-2024 3/3 pending/Successor Court in connection with Madhepura P.S. Case No.1181 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T