Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76585 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== 1.

Ramesh Yadav Son of Harendra Yadav Resident of Village - Chaturbagaha, P.S. - Jadopur (Yadopur), District - Gopalganj 2.

Harendra Yadav Son of Late Shivnarayan Yadav Resident of Village - Chaturbagaha, P.S. - Jadopur (Yadopur), District - Gopalganj 3.

Guddu Yadav Son of Prabhu Yadav @ Prabhu Chaudhari Resident of Village - Bagaha, P.S. - Jadopur (Yadopur), District - Gopalganj ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 452, 307 and 504/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his family members with intention to kill them due to which they sustained injuries on vital part also.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.76585 of 2024(2) dt.12-11-2024 2/3 against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Both sides have sustained injury. Petitioner nos.1 and 3 have one criminal antecedent, whereas petitioner no.2 has no criminal antecedent, as mentioned in para-3 of this application.

5. Having regard to the facts and circumstances of the case, let the above named petitioner nos.1 and 2, 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 Jadopur (Yadopur) P.S. Case No. 82 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Considering the facts and circumstances of case as well as the fact that petitioner no.3 is the author of the injury which has been found grievous in nature, I am not inclined to enlarge petitioner no.3 on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, the petitioner no.3 is directed to surrender before

Patna High Court CR. MISC. No.76585 of 2024(2) dt.12-11-2024 3/3 the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) Trivedi/- U T