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Patna High CourtCR. MISC./3452/2023allowed

Bholi Yadav @ Umesh Yadav @ Umesh v. The State Of Bihar

2023-05-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3452 of 2023 Arising Out of PS. Case No.-307 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

BHOLI YADAV @ UMESH YADAV @ UMESH Son of Mahdev Yadav R/v- Madarichak, Post- Saren, P.S.- Makhdumpur (Tehta O.P.), DistrictJehanabad (Bihar) Pin Code- 804427 2.

LAL DHARI YADAV @ ABHISHEK KUMAR Son of Bholi Yadav @ Umesh Yadav @ Umesh R/v- Madarichak, Post- Saren, P.S.- Makhdumpur (Tehta O.P.), District- Jehanabad (Bihar) Pin Code- 804427 3.

SOKHINDRA YADAV Son of Bholi Yadav @ Umesh Yadav @ Umesh R/vMadarichak, Post- Saren, P.S.- Makhdumpur (Tehta O.P.), DistrictJehanabad (Bihar) Pin Code- 804427 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Patel, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 308, 504, 506/34 of IPC. Allegation against the petitioners is that of having armed with deadly weapons threatened the informant to kill her. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever

Patna High Court CR. MISC. No.3452 of 2023(3) dt.08-05-2023 2/2 taken place. There is an admitted land dispute between the parties. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that there is case and counter-case between the parties. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation of assault against the petitioners, 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 Makhdumpur (Tehta O.P.) P.S. Case No.307 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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