Vijay Yadav @ Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73827 of 2022 Arising Out of PS. Case No.-203 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== Vijay Yadav @ Rakesh Yadav Son of Late Shital Yadav Resident of VillageSamda P.S.- Benipatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-04-2023 Heard Mr. Subhash Kumar Jha, learned counsel for the petitioner and Mr. Aditya Narayan Singh 1, learned APP for the State.
The petitioner apprehends his arrest in connection with Benipatti P.S. Case No. 203 of 2021 registered for the offences punishable under Sections 143, 341, 323, 324, 307, 379, 354A, 504 and 506 of the Indian Penal Code. It is alleged that while the younger brother of the informant was sitting near a pond, co-accused Bhoril Yadav snatched his mobile and thrashed him. On account of the aforesaid altercation, soon thereafter, all the FIR named accused persons, including the petitioner came at the door of the informant and brutally assaulted him and his father as well as several family members. The allegation against the petitioner is
Patna High Court CR. MISC. No.73827 of 2022(2) dt.29-04-2023 2/3 an order giver and other allegation has also been levelled that co-accused persons misbehaved with the family members of the informant and snatched their belongings.
Submission has been made on behalf of the petitioner that save and except exhortation made by the petitioner, there is no allegation that he has made any overt act or assaulted any of the family members of the informant. There is a counter version of the present case being Benipatti P.S. Case No. 207 of 2021 instituted by co-accused Bhoril Yadav, apart from the fact that there is a land dispute due to which, free fight took place resulted into lodging of the present FIR implicating the name of sixteen accused persons. It has lastly been submitted that the petitioner is a man of clean antecedent.
On the other hand, learned counsel for the State opposed the bail application.
Regard being had to the submissions made on behalf of the parties and considering the fact that save and except exhortation made by the petitioner, there is no other allegation of overt act, coupled with the fair antecedent and the land dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today,
Patna High Court CR. MISC. No.73827 of 2022(2) dt.29-04-2023 3/3 on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st Benipatti, Madhubani, in connection with Benipatti P.S. Case No. 203 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Harish Kumar, J) rohit/- U T