Bharat Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66382 of 2023 Arising Out of PS. Case No.-427 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Bharat Yadav Son Of Lakshaman Yadav Resident Of Village - Brahampur, Ps- Brahampur, Dist- Buxar 2.
Chhotu Yadav Son Of Simuni Yadav Resident Of Village - Brahampur, PsBrahampur, Dist- Buxar 3.
Bora Yadav @ Bumbum Yadav Son Of Shivmuni Yadav Resident Of Village - Brahampur, Ps- Brahampur, Dist- Buxar 4.
Bittu Yadav @ Rajneesh Kumar Yadav Son Of Sheo Shankar Singh Resident Of Village - Brahampur, Ps- Brahampur, Dist- Buxar 5.
Banti Yadav @ Maneesh Kumar Singh Son Of Sheo Shankar Singh Resident Of Village - Brahampur, Ps- Brahampur, Dist- Buxar 6.
Mahesh Kumar @ Bhikhari Yadav Son Of Shivmuni Yadav Resident Of Village - Brahampur, Ps- Brahampur, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 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 447, 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along with other co-accused persons are said to have abused and
Patna High Court CR. MISC. No.66382 of 2023(2) dt.09-11-2023 2/3 assaulted the informant's son as well as other persons and snatched gold jitiya of the informant and Rs. 2,200/- from the pocket of her son.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the injuries were found simple in nature, a copy of the injury reports are enclosed as Annexure-3 series to this application. He further submits that there is compromise between both the parties. Petitioners no. 1 has two criminal antecedents, petitioners no. 3, 4 and 5 have one criminal antecedent and petitioners no. 2 and 6 have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the nature of the injury, 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
Patna High Court CR. MISC. No.66382 of 2023(2) dt.09-11-2023 3/3 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Brahmpur P.S. Case No.427 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T