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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70585 of 2022 Arising Out of PS. Case No.-389 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

KRISHNA YADAV @ KRISHNA KUMAR YADAV Son of Sadhu Yadav @ Sadhu Rai R/V- Panjiarwa, P.S- Sugauli, Dist- East Champaran 2.

Sadhu Yadav @ Sadhu Rai Son of Late Rudal Yadav R/V- Panjiarwa, P.SSugauli, Dist- East Champaran 3.

Shiv Ranjan Kumar Son of Anil Yadav R/V- Panjiarwa, P.S- Sugauli, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

Allegedly, all the accused persons named in the FIR including the petitioners after making unlawful assembly came at the door of the informant and started abusing. On protest, on instigation of petitioner no.2, co-accused Vishnu Yadav gave farsa blow on the head of the husband of the informant. Petitioner nos. 1 & 3 are said to have assaulted the informant's family members with lathi.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.70585 of 2022(2) dt.01-05-2023 2/2 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 ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is specific allegation of assault against co-accused Vishnu Yadav and Anil Yadav. 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 general and omnibus 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 Sugauli P.S. Case No. 389 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.