Ramdeo Rai @ Ramdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69296 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- KOPA District- Saran ====================================================== 1.
Ramdeo Rai @ Ramdeo Yadav Son of Hari Nayan Rai Resident of VillageJanki Nagar, P.S - Kopa, Distt.- Saran 2.
Rajesh Yadav Son of Chandeshwar Yadav Resident of Village- Janki Nagar, P.S - Kopa, Distt.- Saran 3.
Jitendra Kumar Yadav @ Jitendra Yadav Son of Raj Narayan Yadav Resident of Village- Janki Nagar, P.S - Kopa, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mili Kumari, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024
1. 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 191(2), 191(3), 190, 126(2), 115(2), 109, 118(1), 74, 303(2) and 352 of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
4. The informant alleges that on 14.07.2024, the accused persons including the petitioners came and Ashish Yadav assaulted him by an iron rod causing injury on the head, while Raj Kumar Yadav assaulted Vimla Devi by Tangi causing
Patna High Court CR. MISC. No.69296 of 2024(2) dt.30-09-2024 2/3 injury on her head. Further, Rajesh Yadav assaulted Mewalal by Tangi casing injury on his head and Ramdeo Yadav indiscriminately assaulted Dhananjay by Daab causing injury near ear and head. Further, Suraj assaulted Rishi by an iron rod causing injury on his head, thereafter Sanjay assaulted Devanand by Tangi causing injury on head, thereafter accused persons assaulted Anita Devi by lathi and danda causing injury and Rajesh snatched chain from the neck of Devanand.
5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case by the informant. It is further submitted that no reason for the occurrence is alleged in the FIR and from the side of the petitioners Kopa P.S. Case No. 120 of 2024 has been instituted against the informant and his side. It is next submitted that the injury suffered by the injured is simple in nature as would manifest from Annexure-2 to the anticipatory bail application which amply demonstrates that petitioners never had any intention of committing a serious offence. It is also submitted that Raj Kumar is alleged to have assaulted Vimla Devi who was referred to PMCH but then Raj Kumar is not the petitioner in the instant anticipatory bail application. It is further submitted that petitioners are neighbours of the informant and they are
Patna High Court CR. MISC. No.69296 of 2024(2) dt.30-09-2024 3/3 having dispute relating to land.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners and the fact that the injured have suffered simple injury as such, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Kopa P.S. Case No. 119 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T