Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70220 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- KHAIRA District- Jamui ====================================================== 1.
Pramod Yadav S/O Prabhu Yadav Village- Dhobghat, Ps. Khaira, Dist. Jamui 2.
Mukesh Yadav S/O Rajan Yadav Village- Dhobghat, Ps. Khaira, Dist. Jamui 3.
Rambhajju Yadav S/O Late Khiju Yadav Village- Dhobghat, Ps. Khaira, Dist. Jamui 4.
Jitu Yadav S/O Late Khiju Yadav Village- Dhobghat, Ps. Khaira, Dist. Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar, Advocate.
For the Opposite Party/s :
Mr.Bharat Lal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Niranjan Parihar, learned counsel appearing on behalf of the petitioners and Mr. Bharat Lal, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Khaira P.S. Case No. 234 of 2023 registered for the offence punishable under Sections 147, 149, 341, 323, 448, 379, 307 and 504 of the Indian Penal Code.
3. Prosecution story, in brief, is that the accused persons named in the F.I.R. including the petitioners having armed with various weapons came at the house of the informant
Patna High Court CR. MISC. No.70220 of 2023(2) dt.01-11-2023 2/3 and started abusing him and his family members and assaulted on the head of the informant causing head injury.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have been implicated in a false case. He further submits that on the date of alleged occurrence, petitioners and informant's side engaged into fierce fight and in course of the said fight, both the parties sustained injury. The allegation against the petitioners is not specific rather general and omnibus in nature. It appears that the petitioners might have caused some injury in their self defence, which was not intentional. There is case and counter case between the parties. Petitioners having clean antecedent seek to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the aforesaid facts and circumstances of the case, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Khaira
Patna High Court CR. MISC. No.70220 of 2023(2) dt.01-11-2023 3/3 P.S. Case No. 234 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) mantreshwar/- U T