Sikendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76667 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Hathiyav District- Sheikhpura ====================================================== 1.
Sikendra Yadav Son of Late Doman Yadav Resident of village- Sarika, PSHathiyawa District -Sheikhpura 2.
Parshuram Yadav son of Devan Yadav Resident of village- Sarika, PSHathiyawa District -Sheikhpura 3.
Shailendra Kumar son of Devan Yadav Resident of village- Sarika, PSHathiyawa District -Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Prasad, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Hathiyawan P.S. Case No. 02 of 2024 dated 27.02.2024 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 337, 307, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, on 26.02.2024 the informant's uncle, namely, Prem Yadav was returning to home from Kashi Temple. In the meantime, the petitioner, Sikandar Yadav and the co-accused person, Lakhani Yadav came in intoxicated condition and surrounded the informant's uncle,
Patna High Court CR. MISC. No.76667 of 2024(2) dt.15-02-2025 2/3 Prem Yadav and started assaulting him with brick on his head due to which he sustained head injury. Further, the accused persons also assaulted the informant and his other family members and threatened to kill.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is a case and counter case between the parties. The injury which is sustained by the informant's uncle is simple in nature. There is no specific allegation against the petitioners. Learned counsel has further submitted that the petitioners have no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 22.08.2024 passed in Cr. Misc. No. 53267 of 2024. The petitioner no.1 has three criminal antecedents whereas the petitioner nos. 2 and 3 have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.76667 of 2024(2) dt.15-02-2025 3/3 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Sheikhpura in connection with Hathiyawa P.S. Case No. 02 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T