Dharmendra Yadav @ Dharmendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74188 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- THAKRAHA District- West Champaran ====================================================== 1.

Dharmendra Yadav @ Dharmendra Kumar Yadav Son of Mahatam Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran. 2.

Vrindalal Yadav @ Brindalal Yadav Son of Mahatam Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran. 3.

Mahatam Yadav Son of Late Suba Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran.

4.

Madan Yadav Son of Late Suba Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran.

5.

Ramanand Yadav @ Ramanand Son of Mukhi Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran.

6.

Nandlal Yadav @ Nandlal Son of Amika Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran.

7.

Radha Kishun Yadav Son of Late Suba Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran.

8.

Ram Pravesh Yadav @ Ram Pravesh Son of Mahatam Yadav R/O Vill.- Harakh Tola, P.S.- Thakraha, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 325, 307 of the Indian Penal Code.

3.

As per the FIR, the petitioners and other co-accused persons assaulted the informant and his family members by

Patna High Court CR. MISC. No.74188 of 2024(2) dt.28-10-2024 2/3 means of lath, iron rod and farsa.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties and both sides have sustained grievous injuries. Petitioner nos.6 and 8 have no criminal antecedent and petitioner nos.1, 2, 3, 4, 5 and 7 have criminal antecedents which is mentioned in para-3 of the bail application. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering that both sides have sustained grievous injuries, 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 court below where the case is pending/Successor Court in connection with Thakraha P.S. Case No.28 of 2024,

Patna High Court CR. MISC. No.74188 of 2024(2) dt.28-10-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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