Kanhaiya Kumar Yadav @ Kumar Kanhaiya Rajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71180 of 2024 Arising Out of PS. Case No.-133 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

Kanhaiya Kumar Yadav @ Kumar Kanhaiya Rajan Son of Late Ram Prasad Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani. 2.

Keshav Kumar Yadav @ Keshav Kumar Son of Late Ram Prasad Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani. 3.

Sajan Devi @ Kumari Sajan @ Sajjan Kumari Wife of Umesh Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani. 4.

Chandani Kumari D/O Late Ram Prasad Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani.

5.

Sundar Devi D/O Late Ram Prasad Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani.

6.

Ganga Prasad Yadav Son of Domi Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani.

7.

Ram Sagar Yadav Son of Domi Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani.

8.

Ajit Kumar Yadav @ Ajit Kumar Son of Ram Sagar Yadav R/O Vill.- Bholirahi, P.S.- Ghoghardiha, Dist.- Madhubani. 9.

Ram Kripal Yadav Son of Baiju Yadav R/O Vill.- Rajuahi, P.S.- Ghoghardiha, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav Mr.Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ghoghardiha Police Station Case No. 133 of 2021,

Patna High Court CR. MISC. No.71180 of 2024(2) dt.11-11-2024 2/3 dated 13.11.2021, disclosing offences punishable under Sections 341/323/324/308/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 13.11.2021, while the informant was going to his office, due to previous enmity, the petitioners surrounded the informant and the petitioner no. 1 assaulted him by the butt of the pistol, petitioner no. 2 assaulted the informant on his head by means of tangari (sharp cutting weapon). And petitioner no. 3 assaulted him on his waist by means of iron rod.

4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to previous enmity. He further submits that there is case and counter case inasmuch as petitioner Sundar Devi has filed Ghoghardiha Police Station Case No. 134 of 2021 against the informant and others. He further submits that injury report has not been brought on record by the prosecution. He further submits that there is general and omnibus allegation against the petitioner nos. 4 to 9.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that

Patna High Court CR. MISC. No.71180 of 2024(2) dt.11-11-2024 3/3 both the parties are neighbours, there is general and omnibus allegation against the petitioner nos. 4 to 9, there is case and counter case and the nature of injuries has not been brought on record, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani, in connection with Ghoghardiha Police Station Case No. 133 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √