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Patna High CourtCR. MISC./58269/2023allowed

Madan Yadav @ Madan Kr. Yadav v. The State Of Bihar

2023-09-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58269 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Madan Yadav @ Madan Kr. Yadav, aged about 42 years, Male. 2.

Mahendra Yadav @ Mahendra Kr. Singh, aged about 35 years, Male. Both are son of Surendra Yadav.

3.

Kamlesh Yadav, aged about 40 years, Male son of Late Bhola Yadav. All are resident of Village- Auwan P.S.- Sheosagar District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

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

2. The petitioners apprehend their arrest in connection with Sheosagar P.S. Case No. 247 of 2022 dated 08.06.2022 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 326, 379 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that due to land dispute and village politics petitioners have been falsely implicated in this case. There is no injury report on the record with respect to injured Muna Yadav. The specific allegation is against Jag Narayan Yadav of assaulting the informant with Garasa on the head. The allegation against petitioner no. 2 is that he assaulted Muna Yadav with deshi katta. The injury

Patna High Court CR. MISC. No.58269 of 2023(2) dt.20-09-2023 2/2 caused to the informant is not corroborated with the allegations made against the petitioners. Petitioners have no criminal antecedent.

4. Learned APP opposes the prayer for anticipatory bail.

5. 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 above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sasaram Rohtas in connection with Sheosagar P.S. Case No. 247 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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