Ram Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66710 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- FESHAR District- Aurangabad ====================================================== 1.

RAM KAILASH YADAV SON OF LATE NATHUNI YADAV RESIDENT OF MOHALLA - HARNAHI, PS- FESAR, DISTT- AURANGABAD 2.

BABAN YADAV SON OF LATE NATHUNI YADAV RESIDENT OF MOHALLA - HARNAHI, PS- FESAR, DISTT- AURANGABAD 3.

RAM KHELAWAN YADAV SON OF LATE NATHUNI YADAV RESIDENT OF MOHALLA - HARNAHI, PS- FESAR, DISTTAURANGABAD 4.

JAIRAM YADAV SON OF LATE NATHUNI YADAV RESIDENT OF MOHALLA - HARNAHI, PS- FESAR, DISTT- AURANGABAD 5.

KAMLESH YADAV SON OF BRAHMDEO YADAV RESIDENT OF MOHALLA - HARNAHI, PS- FESAR, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 307, 504, 457, 427, 379 of the IPC.

3.

Allegedly, all the F.I.R. named accused persons including the petitioners came armed variously and indiscriminately assaulted the informant's side.

Patna High Court CR. MISC. No.66710 of 2023(2) dt.31-10-2023 2/3 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 due to ulterior motive. No such occurrence in the manner, as alleged has ever taken place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injury. There is general and omnibus allegation against the petitioners and the specific overtact is against the petitioner no.3 to assault the informant but the injury was found simple in nature. Petitioner no.5 has one criminal antecedent and rest of the petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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 Fesar P.S. Case

Patna High Court CR. MISC. No.66710 of 2023(2) dt.31-10-2023 3/3 No.95 of 2023, G.R. No.1027/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T