Sachin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75717 of 2024 Arising Out of PS. Case No.-286 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Sachin Yadav S/O Late Arjun Yadav R/O Vill.- Bhagat Tola,P. S. -Khagaria, District - Khagaria.

2.

Suraj Yadav @ Prem Yadav S/O Sachin Yadav R/O Vill.- Bhagat Tola,P. S. -Khagaria, District - Khagaria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Pankaj Kumar, Advocate For the Opposite Party :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2024 Heard Learned Counsel for the petitioners and Learned APP for the State

2. The petitioners are apprehending their arrest in connection with Khagaria P.S. Case No. 286 of 2024, corresponding to G.R. No. 1526 of 2024, lodged on 23.05.2024, under Sections 379, 354, 148 and 307 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against nine named accused persons including the present petitioners against whom there is an allegation that they have assaulted the informant with iron rod due to which she became injured.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that actually for the same occurrence Khagaria P.S. Case No. 238 of 2024 was lodged by the wife of the petitioner No. 1 against the family members of the informant and others and thereafter, with a view to save the skin, the present

Patna High Court CR. MISC. No.75717 of 2024(2) dt.11-11-2024 2/2 case has been lodged by the informant with false allegation. Counsel further submits that the informant has not lodged the FIR directly before the police rather she has filed a complaint case which was subsequently referred under Section 156(3) of the Cr.P.C. and numbered as Khagaria P.S. Case No. 286 of 2024. Counsel also submits that the criminal antecedent of the petitioners is clean.

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

6. As such, considering the aforesaid facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 286 of 2024, corresponding to G.R. No. 1526 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Aman Kumar/- (Dr. Anshuman, J) U T