Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67931 of 2022 Arising Out of PS. Case No.-231 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

SHYAM YADAV Son of Late Rameshwar Yadav R/V- Baraipura, P.SKhodawandpur (Chhaurahi O.P) Dist- Begusarai 2.

Pappu Yadav @ Pappu Kumar Son of Shyam Yadav R/V- Baraipura, P.SKhodawandpur (Chhaurahi O.P) Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Kumar, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 341, 323, 325, 307 & 504 IPC. It is alleged in the F.I.R. that all the accused persons including the petitioners assaulted the informant's side by means of various weapons.

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 land dispute. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that for the alleged occurrence there

Patna High Court CR. MISC. No.67931 of 2022(2) dt.19-01-2023 2/2 is case and counter-case between the parties and in the said altercation, both sides have sustained injury. Petitioners have no criminal antecedent and similarly situated co-accused Ram Babu Yadav and Mukesh Yadav have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.12.2022 passed in Cr. Misc. No.51653 of 2022. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused have been enlarged on bail, 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 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 Khodawandpur (Chhaurahi) O.P. P.S. Case No.231 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T