Puran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73184 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- BANKA District- Banka ====================================================== 1.

Puran Yadav S/o Suresh Yadav Resident Of Village- Pipra, Ps- Banka, Distt. - Banka 2.

Mohan Yadav S/o Naresh Yadav Resident Of Village- Pipra, Ps- Banka, Distt. - Banka 3.

Manoj Yadav @ Manoj Kumar Yadav S/o Naresh Yadav Resident Of Village- Pipra, Ps- Banka, Distt. - Banka 4.

Budhu Yadav S/o Late Rameshwar Yadav Resident Of Village- Pipra, PsBanka, Distt. - Banka 5.

Laloo Yadav @ Lalu Kumar S/o Late Kartik Yadav Resident Of VillagePipra, Ps- Banka, Distt. - Banka 6.

Girdhari Yadav S/o Late Kartik Yadav Resident Of Village- Pipra, PsBanka, Distt. - Banka 7.

Gajo Yadav @ Nishant Kumar S/o Sukhdeo Yadav Resident Of VillagePipra, Ps- Banka, Distt. - Banka 8.

Nago Yadav @ Najo Yadav S/o Sukhdeo Yadav Resident Of Village- Pipra, Ps- Banka, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the State :

Mr.Shailendra Kumar, APP For the Informant :

Mr.Brij Nandan Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 448, 34, 341, 323, 427, 307, 504, 506 of the IPC and section 27 of the Arms Act. 3.

The prosecution case in brief is that the F.I.R. named

Patna High Court CR. MISC. No.73184 of 2024(2) dt.24-10-2024 2/3 accused persons including the petitioners entered the house of informant and started abusing the informant's mother and on protest, two co-accused assaulted her mother with rod and farsa. When the informant intervened, petitioner nos.5 and 6 fired gun-shot and petitioner nos.7 and 8 assaulted the informant's daughter with lathi and danda.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is submitted that the injury report of the informant has not supported the prosecution case as the injuries alleged to have been inflicted by these petitioners have been found simple in nature. Petitioners have no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.73184 of 2024(2) dt.24-10-2024 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Banka P.S. Case No.131 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T