Jangbahadur Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70742 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Jangbahadur Yadav Son of Mushafir Yadav Village- Nimuiya Ps- Yogapatti Nawalpur OP Dist- W.Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Yogapatti (Nawalpur) P.S. Case no. 26 of 2024 instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 307, 327, 427, 504, 506, 120B of the Indian Penal Code.
3. The case of the prosecution is that on the date of occurrence, the petitioner along with other co-accused persons went to the land of the informant to grab the land. The allegation against the petitioner is that he has exhorted the other accused persons to assault. Regarding the land, it has been submitted that Ramayan Yadav claims the land.
Patna High Court CR. MISC. No.70742 of 2024(3) dt.25-10-2024 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case.
5. In contra, learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. I have gone through the order of the trial court, the trial court has not considered the bail of this petitioner only on the ground that this petitioner is having criminal antecedent and that he has been convicted in one of the case. As far as this case is concerned, in this case, the role of the petitioner is that he is only an order giver.
7. 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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Yogapatti (Nawalpur) P.S. Case No. 26 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran subject to the conditions
Patna High Court CR. MISC. No.70742 of 2024(3) dt.25-10-2024 3/3 as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T