Dina Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60410 of 2022 Arising Out of PS. Case No.-277 Year-2021 Thana- PAHARPUR District- East Champaran ====================================================== 1.

DINA YADAV S/O BABUNAND YADAV Resident of village- Majhariya, P.S.- Malahi, District- East Champaran.

2.

ANIL YADAV S/O JAGARNATH YADAV Resident of village- Majhariya, P.S.- Malahi, District- East Champaran.

3.

ARUN YADAV S/O GAGAN YADAV @ GANGA YADAV Resident of village- Majhariya, P.S.- Malahi, District- East Champaran. 4.

MUNNA YADAV S/O YOGI YADAV Resident of village- Majhariya, P.S.- Malahi, District- East Champaran.

5.

AMIRI YADAV @ IMARI YADAV S/O YAMUNA YADAV Resident of village- Majhariya, P.S.- Malahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the IPC.

As per the prosecution case, the F.I.R. named accused persons including the petitioners, came armed variously and they indiscriminately assaulted the informant's side. 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 political rivalry. No such occurrence, in the manner as alleged, has ever

Patna High Court CR. MISC. No.60410 of 2022(7) dt.21-03-2023 2/2 taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The parties are agnates having admitted land dispute. For the alleged occurrence, there is case and counter-case between the parties. Several persons are said to have sustained injuries are the injury of the injured were found to be simple in nature, which is clear from the impugned order itself. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 Paharpur (Malahi) P.S. Case No.277 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T