Sohrayi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 58404 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

Sohrayi Yadav S/O Late Mogal Yadav R/O Village- Kukri Bigha, P.SDulhin Bazar, Distt.- Patna. 2.

Suraj Kumar Yadav @ Suraj Kumar S/O Surendra Yadav R/O Village- Kukri Bigha, P.S- Dulhin Bazar, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sanjeeb Kumar Sanju, Advocate For the Opposite Party/s :

Mr Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and the learned APP for the State.

2 The petitioners apprehend their arrest in connection with Dulhin Bazar PS Case No 84 of 2023 instituted under Sections 147, 149, 341, 323, 448, 337, 307, 379, 504, 506 of Indian Penal Code and Section 27 of Arms Act. 3 As per the prosecution case, six named accused persons along with four unknown persons entered the house of informant loaded with pistols and co-accused Ram Vinay Yadav fired the bullet toward the son of the informant but no one got injury and he also assaulted with the butt of the pistol causing damage to the eye of the son of the informant and also tried to outrage the modesty of the daughter-in-law of the informant. 4 Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.58404 of 2023(2) dt.20-09-2023 2/2 there is no specific allegation against the petitioners who are innocent and have been falsely implicated in this case due to previous land dispute between the family of the informant and the petitioners. There is case and counter case between the parties. It has further been submitted that the petitioners have no criminal antecedent. It is also submitted that petitioner No 1 is about 75 years old.

5 Learned APP opposes the prayer for anticipatory bail.

6 Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Danapur in connection with Dulhin Bazar PS Case No 84 of 2023 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) M.E.H./- U T