Jaymant Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67977 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.
JAYMANT YADAV SON OF CHHOTAN YADAV RESIDENT OF VILLAGE- PANHAR, PO- PANHAR, PS- KHUDAGANJ, DISTTNALANDA 2.
SUGRIV YADAV @ SUGRIV SINGH SON OF CHHOTAN YADAV RESIDENT OF VILLAGE- PANHAR, PO- PANHAR, PS- KHUDAGANJ, DISTT- NALANDA 3.
BADHAN DEVI WIFE OF JAYMANT YADAV RESIDENT OF VILLAGE- PANHAR, PO- PANHAR, PS- KHUDAGANJ, DISTTNALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Kumar For the Opposite Party/s :
Mr. Bharat Lal Mr. Shyamal Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 325, 307, 354, 379, 504 & 506 of the Indian Penal Code.
3. The petitioners in association of other co-accused is said to have assaulted the informant and others and they have also committed other offences in the manner as mentioned in the F.I.R.
4. It is submitted by learned counsel for the petitioners that no
Patna High Court CR. MISC. No.67977 of 2023(3) dt.25-01-2024 2/3 such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Petitioner nos.1 and 3 have three criminal antecedents, whereas petitioner no.2 has one criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case as well as the fact that petitioner no.3 is lady, let the above named petitioner no.3, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Khudaganj P.S. Case No. 75 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Considering the facts and circumstances of case, I am not inclined to enlarge petitioner nos.1 and 2 on anticipatory bail. The prayer for anticipatory bail of the petitioner nos.1 and 2 is hereby rejected. However, if petitioner nos.1 and 2 surrender
Patna High Court CR. MISC. No.67977 of 2023(3) dt.25-01-2024 3/3 before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T