Giro Yadav @ Giranand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73623 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- SARSI District- Purnia ====================================================== 1.
Giro Yadav @ Giranand Yadav Son of Late Musharu Yadav @ Musharu Mandal Village- Burhia Dhanghatta Ps- Sarsi Dist- Purnea 2.
Rupesh Yadav Son of Giro Yadav Village- Burhia Dhanghatta Ps- Sarsi DistPurnea 3.
Jhari Yadav Son of Sukhdeo Yadav Village- Burhia Dhanghatta Ps- Sarsi Dist- Purnea 4.
Anmol Yadav Son of Late Sukhdeo Yadav Village- Burhia Dhanghatta PsSarsi Dist- Purnea 5.
Jitendra Yadav Son of Jhari Yadav Village- Burhia Dhanghatta Ps- Sarsi Dist- Purnea 6.
Anant Yadav @ Anand Yadav Son of Jhari Yadav Village- Burhia Dhanghatta Ps- Sarsi Dist- Purnea 7.
Ashok Yadav Son of Ramjee Yadav Village- Burhia Dhanghatta Ps- Sarsi Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP.
Mr. Md Fazle Karim, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 192(3), 329(3), 126(2), 115(2), 117(2), 119(1), 76, 303(2), 308(5), 352, 351(3) of Bhartiya Nyaya Sanhita (BNS) 2023.
3. Allegedly, all the FIR named accused persons including
Patna High Court CR. MISC. No.73623 of 2024(2) dt.26-10-2024 2/3 the petitioners are said to have abused and assaulted the informant's side brutally by means of deadly weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is an admitted land dispute between the parties. Both sides have filed cases against each other. The injuries sustained by the injured were found simple in nature, which is also evident from Annexure-2. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.
6. Considering the facts and circumstances of the case as well as the nature of the injuries sustained by the injured i.e. simple, 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
Patna High Court CR. MISC. No.73623 of 2024(2) dt.26-10-2024 3/3 learned lower Court where the case is pending/successor Court in connection with Sarsi P.S. Case No. 130 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/Section 482 (2) of the BNSS, 2023.
(Anjani Kumar Sharan, J) divyanshi/- U T