Virendra Kumar @ Virendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69438 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- MAIGRA District- Gaya ====================================================== 1.

VIRENDRA KUMAR @ VIRENDRA YADAV S/O DASHRATH YADAV Resident of village- Harni Tola, Murliganj, P.S.- Maigra, District- Gaya. 2.

MUKESH YADAV S/O MAHENDRA YADAV Resident of village- Harni, P.S.- Maigra, District- Gaya.

3.

BAIJNATH KUMAR YADAV @ BAIJNATH YADAV S/O DOMAN YADAV Resident of village- Tarwadih, Harni, P.S.- Maigra, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 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 offence under Section 307 & other allied sections of the I.P.C. and Section 27 of the Arms Act. As per the prosecution case, on 25.11.2021 at about 5:00 PM, while the informant alongwith her family members were working in the field, in the meantime, all the F.I.R. named accused persons including these petitioners, equipped with Tangi, Bhala, Garasa, came there and started assaulting them, due to which, five persons of the informant side sustained injury.

Patna High Court CR. MISC. No.69438 of 2022(2) dt.21-03-2023 2/2 It is submitted on behalf of petitioners that there is general and omnibus allegation of assault against these petitioners and no specific overt act has been alleged against them. Specific accusation of assault is against other co-accused persons. The doctor has found all the injuries to be simple in nature, except one injury sustained by Anant Yadav, which is alleged to have been caused by co-accused Rajendra Yadav. There is case and counter case between the parties and both sides sustained injury. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghatti, Gaya in connection with Maigra P.S. Case No. 42 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T