Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59318 of 2024 Arising Out of PS. Case No.-1181 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Ashish Yadav Son of Dev Krishna Yadav R/V- Village- Sahugarh, Janki Tola, Ward No. 4, P.S. and District- Madhepura, Bihar 2.

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

Rajesh Yadav Son of Late Bindeshwari 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 apprehend 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, 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

Patna High Court CR. MISC. No.59318 of 2024(3) dt.20-11-2024 2/2 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. Petitioners have one 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, nature of injury and admitted land dispute between the parties, 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 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