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Patna High CourtCR. MISC./69851/2024bail granted

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

2024-10-23Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 69851 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== 1.

Ravindra Kumar Yadav @ Ravindra Yadav Son of Suryadev Yadav Resident of Village- Amjhar, PS- Belaganj, District- Gaya (Bihar) 2.

Surendra Yadav Son of Ramlagan Yadav Resident of Village- Amjhar, P.S.- Belaganj, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Tiwari For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-10-2024 Heard the parties.

2. The petitioners apprehend their arrest in connection with Belaganj P.S. Case No. 86 of 2024, registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504, 34 of the Indian Penal Code.

3. Allegedly on the alleged date of occurrence while panchayati was going on, in the meantime, all the FIR named accused persons came there and started abusing. On protest being made, the accused persons, including the petitioners assaulted the informant and his son by means of lathi, danda, iron rod and bricks.

4. Learned Advocate for the petitioners referring to

Patna High Court CR. MISC. No. 69851 of 2024(2) dt.23-10-2024 2/3 the FIR firstly contended that there is omnibus nature of allegation against all the FIR named accused persons. The alleged occurrence took place on 03.01.2024 but surprisingly the FIR has been instituted on 06.02.2024, after a delay of more than a month without there being any explanation. It is next contended that though the allegation has been levelled against the accused persons that the son of the informant has sustained some injury but surprisingly no injury report has been placed before the learned court below despite on demand. It is lastly contended that be that as it may, the petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the FIR, coupled with the fair antecedent, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No. 69851 of 2024(2) dt.23-10-2024 3/3 learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 86 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Anjani/- U T