Chandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75764 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== 1.
Chandan Yadav S/O Mahavir Yadv Resident Of Village- Maheshpatti, P.S.- Keoti, District- Darbhanga 2.
Uday Yadav S/O Mahavir Yadav Resident Of Village- Maheshpatti, P.S.- Keoti, District- Darbhanga 3.
Sujeet Yadav S/O Bindi @ Bilash Yadav @ Vindeshwar Yadav Resident Of Village- Maheshpatti, P.S.- Keoti, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidya Nath Prasad, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Keoti P.S Case No. 57 of 2023 dated 20.02.2023 registered for the offence punishable u/ss 147, 148, 323, 324, 307, 379, 354, 504 and 506 of the Indian Penal Code.
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4. As per the prosecution case, the petitioners along with the co-accused persons armed with lathi, danda and lethal weapons surrounded the informant and started abusing. On being objected, Binod Yadav assaulted the informant with farsa on his head and petitioner no.3-Sujeet Yadav assaulted the informant with a piece of bamboo. When the grand-mother of the informant came to save him, then the accused persons Uday Yadav and Vinay Yadav threw her on the ground by catching her hair and assaulted her badly and thereafter, the accused persons Devmal Devi, Bibha Devi and Rina Devi snatched her mangalsutra. It is further alleged that Binod Yadav assaulted the informant's uncle with farsa on his hand due to which his little finger was cut off and blood begin to ooze out. It is further alleged that the accused petitioner no.2 and Vinay Yadav assaulted and outraged the modesty of the informant's aunt and mother and snatched a golden mangalsutra from his mother's neck.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that there is no specific
3/4 allegation against the petitioners rather general and omnibus allegation levelled against all the accused persons. Learned counsel has further submitted that as per Injury Report there is only one injury on the finger of Devlal Yadav which is on non-vital part of the body. It is further submitted that both the parties are agnates and there is land dispute is going on between them. Learned counsel has further submitted that there is case and counter case between the parties. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. 7.
Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Keoti P.S Case No. 57 of 2023, subject to conditions as laid down under Section 438(2) of the Code of
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8. This application stands allowed.
(Chandra Prakash Singh, J) Nilmani/- U T