Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64508 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- LADAIYATAR District- Munger ====================================================== 1.

Bikash Kumar Yadav @ Bikash Yadav Son of Umesh Yadav Resident Of Village- Laraiyatand, P.S.- Laraiyatand, Dist.- Munger. 2.

Banti Kumar @ Banti Yadav Son of Sahdeo Yadav Resident Of VillageLaraiyatand, P.S.- Laraiyatand, Dist.- Munger. 3.

Sanjay Yadav Son of Late Faudi Yadav Resident Of Village- Laraiyatand, P.S.- Laraiyatand, Dist.- Munger.

4.

Surendra Yadav @ Suresh Yadav Son of late Faudi Yadav Resident Of Village- Laraiyatand, P.S.- Laraiyatand, Dist.- Munger. 5.

Mukesh Yadav Son of Late Madhusudhan Yadav @ Masudan Yadav Resident Of Village- Laraiyatand, P.S.- Laraiyatand, Dist.- Munger. 6.

Prince Kumar @ Prince Yadav Son of Umesh Yadav Resident Of VillageLaraiyatand, P.S.- Laraiyatand, Dist.- Munger. 7.

Sahdeo Yadav Son of Late Madhusudan Yadav @ Masudan Yadav Resident Of Village- Laraiyatand, P.S.- Laraiyatand, Dist.- Munger. 8.

Suraj Kumar @ Suraj Yadav Son of Sanjay Yadav Resident Of VillageLaraiyatand, P.S.- Laraiyatand, Dist.- Munger. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67573 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- LADAIYATAR District- Munger ====================================================== 1.

Raj Kumar Yadav Son of Late Daro Yadav Village- Laraiyatand, PsLaraiyatand, Dist- Munger 2.

Nawal Yadav @ Nawal Kumar Yadav Son of Sahdeo Yadav VillageLaraiyatand, Ps- Laraiyatand, Dist- Munger 3.

Sakaldeo Yadav Son of Late Madhusudan Yadav @ Msudan Yadav VillageLaraiyatand, Ps- Laraiyatand, Dist- Munger 4.

Rajendra Yadav Son of Late Asharfi Yadav Village- Laraiyatand, PsLaraiyatand, Dist- Munger ... ... Petitioner/s

Versus

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

2/4 Appearance :

(In CRIMINAL MISCELLANEOUS No. 64508 of 2024) For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Mr.Jai Narain Thakur (In CRIMINAL MISCELLANEOUS No. 67573 of 2024) For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Mr. Sanjay Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-03-2025 Both the criminal miscellaneous applications have arisen out of the same occurrence and as such, both are being heard together and are being disposed of by passing this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Laraiyatand P.S. Case no. 84 of 2023 instituted for the offence punishable under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

4. As per allegation in the FIR, all the named accused persons came to the cow-shed of the informant and started assaulting to informant and his family members by means of lathi, danda and iron rod. Accused Bikash Yadav, Banti Yadav and Sanjay Yadav opened 4-5 round firing.

5. Learned counsel appearing on behalf of the

3/4 petitioners submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. They have got no criminal antecedent. Both parties are agnate and between them, old land dispute is going on. Members of both sides have received injury in the alleged occurrence and there is case and counter case. General and omnibus allegation is levelled against the petitioners. Allegedly, only injured Vinod Yadav sustained fracture (injury) on right side of chest bone. Injured Abhishek Kumar, Pramod Kr. Yadav and Ajay Kumar have not received any bony fracture rather doctor opined the nature of injury as simple. In present case, Section 307 IPC does not attract.

6. Learned APP appearing for the State has opposed the prayer of Bail.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as stated above as well as injury report, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of

4/4 their arrest or surrender in connection with Laraiyatand P.S. Case no. 84 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) sushma/- U