Guddu Kumar Yadav @ Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70728 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- KATORIYA District- Banka ====================================================== 1.

GUDDU KUMAR YADAV @ GUDDU YADAV Son of Babu Lal Yadav R/V- Titeevaran, P.S- Katoria, Dist- Banka 2.

Radhika Devi Wife of Upendra Yadav R/V- Titeevaran, P.S- Katoria, DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 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 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

Allegedly, petitioners along with other co-accused persons assaulted the informant and his wife. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific

Patna High Court CR. MISC. No.70728 of 2022(2) dt.31-01-2023 2/2 rather general and omnibus in nature. There is specific overt act against the other co-accused persons. Petitioners are said to be the members of unlawful assembly. Both the parties are agnates. There is admitted land dispute between the parties. The injury sustained by the victim is simple in nature. 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, since there is no specific overt act 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 Katoria P.S. Case No.181 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T