Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73663 of 2023 Arising Out of PS. Case No.-443 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Brajesh Yadav S/O Suresh Yadav @ Subhash Yadav Village- Tinkonma, P.S. Murliganj, Dist. Madhepura 2.

Chhotu Yadav @ Ritish Kumar S/O Sanjay Yadav @ Sanjeev Yadav VillageTinkonma, P.S. Murliganj, Dist. Madhepura 3.

Gajendra Yadav S/O Danilal Yadav @ Dualal Yadav Village- Tinkonma, P.S. Murliganj, Dist. Madhepura 4.

Manish Yadav S/O Arvind Yadav @ Abhinandan Yadav Village- Tinkonma, P.S. Murliganj, Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Murliganj P.S. Case No. 443 of 2018, instituted under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code read with Section 27 of Arms Act.

3. As per the prosecution case, on the date of occurrence petitioners along with 15-20 unknown criminals variously armed came at the field of the informant and forcibly started getting plough his wheat crops by tractor. When

Patna High Court CR. MISC. No.73663 of 2023(2) dt.01-12-2023 2/3 informant and his brothers protested, petitioners along with other accused persons caused injury to informant and his brother. The accused persons also snatched a gold chain and cash of Rs. 15,000/- from Dinkar Yadav.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case by the informant due to land dispute. He further submits that police investigated the case and submitted charge-sheet against other co-accused persons. Petitioners were not sent up for trial. However, learned Chief Judicial Magistrate, Madhepura has taken cognizance against all the accused persons under the same sections as in the F.I.R. There is no chance of absconding and tampering with the prosecution evidence. Petitioners have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.73663 of 2023(2) dt.01-12-2023 3/3 learned concerned Court where the case is pending in connection with Murliganj P.S. Case No. 443 of 2018, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T