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Patna High CourtCR. MISC./61514/2024allowed

Parikshan Yadav v. The State Of Bihar

2024-11-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61514 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- Lalamnia District- Madhubani ====================================================== 1.

Parikshan Yadav Son of Late Laxmi Yadav Resident of Village - Birpur, P.S.- Lalmaniyan, District - Madhubani.

2.

Badri Yadav Son of Late Laxmi Yadav Resident of Village - Birpur, P.S.- Lalmaniyan, District - Madhubani.

3.

Ranjeet Yadav Son of Parikshan Yadav Resident of Village - Birpur, P.S.- Lalmaniyan, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail of the petitioner no. 1.

3.

Permission is granted.

4.

Accordingly, the prayer for anticipatory bail made through the instant application, on behalf of the petitioner no. 1 is dismissed as withdrawn.

5.

Now, the present application is being heard for consideration of bail of the petitioner nos. 2 and 3.

Patna High Court CR. MISC. No.61514 of 2024(4) dt.21-11-2024 2/3 6.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 324, 323, 307, 379, 504, 506/34 of the IPC.

7.

Allegedly, petitioners along with other co-accused persons abused and assaulted the informant with farsa, lathi and iron rod due to which he sustained injury. They also snatched golden chain from the neck of the informant.

8.

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 due to old dispute. No such occurrence, in the manner as alleged, has ever taken place. Allegation against petitioner nos. 2 and 3 is to assault informant by hard and blunt substance and injury was found to be simple in nature. Petitioners have no criminal antecedent as mentioned in para 3 of bail application. 9.

Learned APP for the State opposed the prayer for bail. 10.

Having regard to the facts and circumstances of the case, and nature of injury was simple, let the above named petitioner nos. 2 and 3, 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

Patna High Court CR. MISC. No.61514 of 2024(4) dt.21-11-2024 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Lalmaniyan P.S. Case No.04 of 2024 corresponding to G.R. No. 353 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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