Baleshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77604 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

Baleshwar Yadav Son Of Late Dhyani Yadav Resident Of Village - Bhelwa, P.S. - Ghoghardiha, District - Madhubani 2.

Ganesh Yadav @ Ganesh Kumar Yadav Son Of Baleshwar Yadav Resident Of Village - Bhelwa, P.S. - Ghoghardiha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Jitendra Kumar Singh Mr. Ashok Kumar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner no. 1 is the order giver and petitioner no. 2 is said to have assaulted the informant over his head by means of iron rod.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.77604 of 2023(5) dt.26-04-2024 2/2 there is specific allegation against co-accused Umesh Yadav, who is said to have assaulted over head of the informant by means of farsa, later on petitioner no. 2 had assaulted the informant. He submits that there is case and counter case between the parties and there is also admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case, 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 Court below where the case is pending/successor Court in connection with Ghoghardiha P.S. Case No. 56 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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