← Library
Patna High CourtCR. MISC./65901/2024allowed

Achal Yadav v. The State Of Bihar

2024-10-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65901 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Achal Yadav S/o Late Ramlagan Yadav @ Lagan Yadav R/o VillagePhuliyakhaad, P.S.- Bairiya, District- West Champaran, Bettiah 2.

Sonu Yadav S/o Chhabila Yadav R/o Village- Phuliyakhaad, P.S.- Bairiya, District- West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

3. Allegedly, due to land dispute, all the FIR named accused persons including the petitioners are said to have assaulted the informant's side brutally by means of deadly weapons due to which they sustained injuries. Co-accused Radhe Shyam and Anil Yadav tried to outrage the modesty of the informant's daughter.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place.

Patna High Court CR. MISC. No.65901 of 2024(2) dt.03-10-2024 2/2 Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Both the parties are agnates and there is admitted land dispute between them. There is case and counter case between the parties. Both sides have sustained injuries. The injuries sustained by the informant's side were found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties, 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 lower Court where the case is pending/successor Court in connection with Bairiya P.S. Case No. 83 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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