Rajesh Kumar Yadav @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60315 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Rajesh Kumar Yadav @ Rajesh Yadav S/O Ramji Yadav R/O VillagePaharchapi, P.S- Madanpur, Distt.- Aurangabad (Bihar). 2.

Vishwakarma Yadav @ Vishwakarma Kumar S/O Ramesh Yadav R/O Village- Paharchapi, P.S- Madanpur, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Madanpur P.S. Case No. 191 of 2023 instituted under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, informant who is driver of Hiwa vehicle, was in the way, then petitioner along with co-accused stopped the vehicle and abused and assaulted the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent. They have falsely been implicated in this case. There is no specific allegation of assault attributed

Patna High Court CR. MISC. No.60315 of 2023(2) dt.16-10-2023 2/2 against the petitioners and the allegation levelled against the petitioners is general and omnibus. The injuries on the injured are not serious in nature. The informant was driving the Hiwa vehicle with high speed and dashed the vehicle of the petitioners due to which simple quarrel took place between the parties. Petitioners have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners 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 Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 191 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T