Prabhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71467 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Prabhash Yadav son of Nagindra Yadav @ Nagindr Yadav Village- Belwa Piparpanti Ps- Ramgarhwa Dist- East Champaran 2.

Rakesh Yadav @ Rakesh Kumar Yadav @ Rakesh son of Nagindra Yadav @ Nagindr Yadav Village- Belwa Piparpanti Ps- Ramgarhwa Dist- East Champaran 3.

Nagindra Yadav @ Nagindr Yadav @ Nagendra Yadav son of Late Basudeo Yadav Village- Belwa Piparpanti Ps- Ramgarhwa Dist- East Champaran 4.

Rajanti Devi @ Rajanti Kumari @ Rajaniti Devi @ Rajniti Kumari Wife of Prabhash Yadav Village- Belwa Piparpanti Ps- Ramgarhwa Dist- East Champaran 5.

Pratima Devi @ Pratima Kumari @ Pratima Kumar Wife of Rakesh Yadav @ Rakesh Kumar Yadav Village- Belwa Piparpanti Ps- Ramgarhwa DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Adv.

For the State :

Mr. Tarkeshwar Nath Thakur, APP For the Informant :

Mr. Utsav Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2024 Heard the parties.

2. The petitioners apprehend their arrest in connection with Ramgarhwa P.S. Case No. 296 of 2023, G.R. No. 664 of 2023 registered under Sections 341, 323, 307, 379, 504, 325 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused

Patna High Court CR. MISC. No.71467 of 2023(7) dt.16-05-2024 2/3 persons including these petitioners assaulted the husband of the informant, as a result of which, the husband of the informant sustained multiple injuries.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The allegation levelled against the petitioners is general and omnibus. Further submission is that the informant has lodged the present case only to save the skin of her family members from Ramgarhwa P.S. Case No. 265 of 2023 which was earlier lodged by the wife of petitioner no. 3. Petitioners and informant are gotia and due to land dispute altercation took place between the parties.

5. Learned counsel for the informant opposes the prayer for bail.

6. Having considered the general and omnibus allegation and the fact that there is case and counter case between the parties, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari in

Patna High Court CR. MISC. No.71467 of 2023(7) dt.16-05-2024 3/3 connection with Ramgarhwa P.S. Case No. 296 of 2023, G.R. No. 664 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T