Upendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66487 of 2024 Arising Out of PS. Case No.-272 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Upendra Yadav S/o- Vakil Yadav @ Wakil Yadav @ Wakil Singh @ Wokil Yadav @ Wokil Singh Village- Bakri Ke Tola Gyanchak, P.S.- Udwantnagar, District- Bhojpur 2.
Mukul Yadav S/o- Vakil Yadav @ Wakil Yadav @ Wakil Singh @ Wokil Yadav @ Wokil Singh Village- Bakri Ke Tola Gyanchak, P.S.- Udwantnagar, District- Bhojpur 3.
Indrajit Yadav @ Indrajeet Yadav S/o- Vakil Yadav @ Wakil Yadav @ Wakil Singh @ Wokil Yadav @ Wokil Singh Village- Bakri Ke Tola Gyanchak, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-01-2025 Heard learned Advocate for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Udwantnagar P.S. Case No. 272 of 2024, registered for the offences punishable under Sections 341, 323, 504, 506, 448, 354-D and 34 of the Indian Penal Code.
3. The allegation against the petitioners is of misbehaving with the informant and causing assault over her head by means of lathi and danda due to which she sustained serious injury.
Patna High Court CR. MISC. No.66487 of 2024(3) dt.18-01-2025 2/3
4. Learned counsel appearing on behalf of the petitioners contended that the present FIR has been instituted in the premise of land dispute. Moreover, the allegation levelled in the FIR does not inspire the confidence that all the three brothers entered into the house of the informant and tried to molest. Be that as it may, the petitioners bear fair antecedent and moreover the injury sustained to the informant is found to be simple in nature.
5. On the other hand, learned counsel for the State opposed the bail application and submits that specific allegation has been levelled against all the three petitioner of participating in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the simple injury, coupled with the fair antecedent of the petitioners, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar
Patna High Court CR. MISC. No.66487 of 2024(3) dt.18-01-2025 3/3 P.S. Case No. 272 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J.) Jyoti Kumari/- U T