Mahendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70451 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- SONO District- Jamui ====================================================== 1.
Mahendra Yadav S/o- Late Baleshwar Yadav R/v- Chhappardih , PS-Sono , Distt- Jamui 2.
Upendra Yadav S/o- Late Prayag Yadav R/v- Chhappardih , PS-Sono , DisttJamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Sinha For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sono P.S. Case no. 470 of 2023 instituted for the offences under Sections 341, 323, 380, 448, 307, 354, 504, 506 and 34 of the Indian Penal Code.
3. The case of the prosecution is that there is land dispute between the parties. On the date of occurrence, the petitioners along with other co-accused persons were taking away the Newari, belonging to the informant on which informant objected, on this Upendra assaulted with Tangi to
Patna High Court CR. MISC. No.70451 of 2024(2) dt.25-10-2024 2/3 Rajendra Yadav on his hand. The allegation against Mahendra Yadav is that he assaulted Subhash Yadav.
4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and has committed no offence. He has falsely been implicated in this case and the petitioners are having no criminal antecedent. It is further submitted that from perusal of the trial court, it is clear that the injuries which were sustained by Jitendra Yadav and Suman Kumar are of grievous in nature and the injuries sustained by others are simple in nature. It has also been submitted that there is case and counter case and land dispute between the parties.
5. In contra, learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sono P.S. Case No. 470 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.70451 of 2024(2) dt.25-10-2024 3/3 like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamui. subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T