Samarat Jadav @ Samrat Jadav @ Samrat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61143 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== 1.

Samarat Jadav @ Samrat Jadav @ Samrat Yadav S/O Late Sudarshan Jadav R/O Village- Fingi, P.S- Bihia, Distt.- Bhojpur. 2.

Deepak Jadav S/O Sobhnath Jadav R/O Village- Fingi, P.S- Bihia, Distt.- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Bihiya P.S. Case No. 114 of 2023 dated 05.05.2023, instituted for the offence punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. The case of prosecution, in short, is that on 04.05.2023, at about 05:30 A.M., when the informant was going for morning walk, in the meantime the petitioner Samarat Jadav along with 4-5 persons on two motorcycles came armed with Chain, rod, knife and country-made pistol assaulted the informant by means of knife on head and also snatched golden chain of 12 grams.

Patna High Court CR. MISC. No.61143 of 2023(2) dt.11-10-2023 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. From the perusal of the injury report of the informant, it appears that nature of injury is simple, caused by hard and blunt substance. It is further submitted that the allegation is general and omnibus in nature. Lastly, it has been submitted that they have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Bihiya P.S. Case No. 114 of 2023, they shall be released on anticipatory 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. 5th Bhojpur at Ara, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Shanu/- U T