Mahaveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78688 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- BHEJA District- Madhubani ====================================================== 1.

Mahaveer Yadav Son Of Niras Yadav Resident Of Mohalla- Koriyadhant, Ps- Bheja, Dist- Madhubani 2.

Suman Yadav @ Suvrendra Kumar Yadav Son Of Muneshwar Yadav Resident Of Mohalla- Koriyadhant, Ps- Bheja, Dist- Madhubani 3.

Dhirendra Yadav Son Of Muneshwar Yadav Resident Of MohallaKoriyadhant, Ps- Bheja, Dist- Madhubani 4.

Birendra Yadav Son Of Rameshwar Yadav Resident Of MohallaKoriyadhant, Ps- Bheja, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Jubair Ansari, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is admitted land dispute between the parties. He submits that there is no specific overt act against the petitioners. He further submits that there is

Patna High Court CR. MISC. No.78688 of 2023(2) dt.11-12-2023 2/2 specific overt act against the co-accused Arjun Yadav, Umesha Yadav and Jaishankar Yadav. He submits that petitioners are only members of the mob. He further submits that petitioner nos. 1 & 4 have got two criminal antecedents and rest of the petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bheja P.S. Case No.53 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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