Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73102 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

UMESH YADAV SON OF SIDHESHWAR YADAV R/O VILLAGEKARHARA, P.S.- KHIZARSARAI, DISTRICT- GAYA 2.

RAMJEE YADAV SON OF LATE SHRI YADAV R/O VILLAGEKARHARA, P.S.- KHIZARSARAI, DISTRICT- GAYA 3.

BIPIN KUMAR SON OF RAMJEE YADAV R/O VILLAGE- KARHARA, P.S.- KHIZARSARAI, DISTRICT- GAYA 4.

BOSS KUMAR SON OF RAMJEE YADAV R/O VILLAGE- KARHARA, P.S.- KHIZARSARAI, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 308, 379, 354, 448, 504, 506 of the Indian Penal Code. Allegedly, petitioners, along with other accused persons, are said to have abused and assaulted the informant and her family members.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.73102 of 2022(2) dt.27-03-2023 2/3 No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity. Both the parties are co-sharer and they are own family members. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against the co-accused Sujit Kumar. There is dispute between the parties for a Shisham tree. Both sides have filed cases against each other. Petitioner no.1 lodged case bearing Khizarsarai P.S. Case No. 11 of 2022 against the prosecution party. Petitioner no.1 has one criminal antecedent whereas rest of the petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific allegation against the petitioners, 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 lower Court where the case is pending/successor Court in connection with Khizarsarai P.S. Case No. 17 of 2022, subject to

Patna High Court CR. MISC. No.73102 of 2022(2) dt.27-03-2023 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T