Ajay Yadav @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66456 of 2022 Arising Out of PS. Case No.-333 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
AJAY YADAV @ AJAY KUMAR S/o Late Nepali Yadav R/v- Kiul Basti Pachna Road Ward No. 20, P.S.- Kabaiya, District- Lakhisarai 2.
SOURAV KUMAR S/o Sanjay Yadav R/v- Kiul Basti Pachna Road Ward No. 20, P.S.- Kabaiya, District- Lakhisarai 3.
SANJAY YADAV S/o Late Nepali Yadav R/v- Kiul Basti Pachna Road Ward No. 20, P.S.- Kabaiya, District- Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 325, 307, 354(A), 354(B), 379 and 504/34 of the Indian Penal Code pending in the learned court below. As per the prosecution case, there is allegation against Ajay Yadav, Sanjay Yadav and Bijay Yadav have assaulted with rod upon the brother of informant and due to which to which his head was broken and blood started oozing. It is further alleged that Sourav Kumar and Nitish Kumar assaulted to the informant
Patna High Court CR. MISC. No.66456 of 2022(3) dt.27-03-2023 2/3 with butt of pistol and in order to save his head, his left hand near elbow got cut and Ajay Yadav assaulted him over his back and leg by iron rod.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that there is no cogent and legal evidence available against the petitioners. He further submits that petitioners no.2 & 4 have got no criminal antecedent and petitioner no.1 has got one criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the case diary and final injury report and the fact that the injuries found upon the victims are simple in nature, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Lakhisarai
Patna High Court CR. MISC. No.66456 of 2022(3) dt.27-03-2023 3/3 (Kabaiya) P.S. Case No.333 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T