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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66448 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== 1.

SACHIN YADAV @ SACHIN KUMAR YADAV S/o Nand Kumar Yadav R/o Village- Charghat, P.S.- Bihiya (Bahoranpur), Distt- Bhojpur (Bihar). 2.

SATRUGHAN YADAV @ SATRUGHAN KUMAR YADAV S/o Sharda Yadav @ Manji Yadav @ Patar Yadav R/o Village- Charghat, P.S.- Bihiya (Bahoranpur), Distt- Bhojpur (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mrs.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307, 379 & other allied sections of the Indian Penal Code.

The prosecution case, in short, is that on 14.02.2022 at about 11.30 AM, when the informant alongwith his son went to his field for measurement in compliance of order of C.O.,all the accused persons including these petitioners came there, equipped with lathi, rod and farsa, and started assaulting informant and his son, as a result of which, both of them sustained injury and one of the injury sustained by informant has been found to be grievous in nature.

Patna High Court CR. MISC. No.66448 of 2022(2) dt.20-03-2023 2/2 It is submitted on behalf of petitioners that the allegation of commission of assault is general and omnibus against all the F.I.R. named accused persons. No specific overt act has been alleged against these petitioners. Two similarly situated co-accused namely Manji Yadav and Ramesh Yadav have already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 20.02.2023 passed in Cr.Misc. No. 37304 of 2022.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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 A.C.J.M. 5th, Bhojpur at Ara in connection with Bihiya (Bahoranpur O.P.) P.S. Case No. 52 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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