Jai Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65625 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- BANSHI District- Jehanabad ====================================================== 1.

Jai Nandan Yadav, Son of Chaneshwar Yadav @ Chandeshwar Yadav, Resident of Village - Sadipur, P.S.- Banshi, Distt.- Arwal. 2.

Shrikant Yadav @ Siri Kant Yadav Son of Chaneshwar Yadav @ Chandeshwar Yadav Resident of Village - Sadipur, P.S.- Banshi, Distt.- Arwal.

3.

Mithelesh Yadav Son of Parmeshwar Yadav Resident of Village - Sadipur, P.S.- Banshi, Distt.- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Anita Kumari Singh For the Opposite Party/s :

Mr. Rajeev Nayan (APP-231) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences under Sections 341, 323, 325, 307 and 504/34 of IPC.

The prosecution case, as per the written report of Jai Kishore Sharma submitted to the Station House Officer, Banshi Police Station, is to the effect that on 25.07.2019 at about 6:00 AM, all the accused persons including the petitioners assaulted the informant with lathi on his hands and legs. It is submitted by the learned counsel for the petitioners that in the background of land dispute, the accusation

Patna High Court CR. MISC. No.65625 of 2019(3) dt.05-03-2020 2/3 has been levelled against the petitioners. The injury of the informant has been found simple superficial in nature. It is further submitted that petitioner no.1 had lodged Banshi P.S. Case No. 30 of 2019 against the son of the informant and thereafter, the present case has been lodged against the petitioners' side. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP after going through the case diary submits that the petitioners are named in the FIR with specific accusation.

Considering the accusation being omnibus and general against all the accused persons including the petitioners and the injury of the informant being found simple superficial in nature, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Arwal in connection with Banshi P.S. Case No. 40 of 2019

Patna High Court CR. MISC. No.65625 of 2019(3) dt.05-03-2020 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.) utkarsh/- U T