Shiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74632 of 2022 Arising Out of PS. Case No.-357 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.

SHIV YADAV SON OF LATE RAM PADARATH PRASAD YADAV R/O VILLAGE- NEHRU TOLA, UNDER DHAWALPURA CHOUKI, P.S.- CHOWK, DISTRICT- PATNA 2.

GANESH YADAV @ GANESH KUMAR SON OF SHIV YADAV R/O VILLAGE- NEHRU TOLA, UNDER DHAWALPURA CHOUKI, P.S.- CHOWK, DISTRICT- PATNA 3.

GEETA DEVI WIFE OF MANOJ YADAV R/O VILLAGE- NEHRU TOLA, UNDER DHAWALPURA CHOUKI, P.S.- CHOWK, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

Allegedly, petitioner nos. 1 & 2 are said to have assaulted the father of the informant. When the informant and his mother tried to save him, Manoj Yadav assaulted the informant by iron rod on his head. Petitioner no.1 also assaulted the informant's mother. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No

Patna High Court CR. MISC. No.74632 of 2022(2) dt.28-03-2023 2/2 such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation of assault levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against co-accused Manoj Yadav that he assaulted the informant with iron rod in his head, due to which he sustained grievous injury. The injuries caused by the petitioners are simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as the injuries caused by the petitioners are simple in nature, 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 lower Court where the case is pending/successor Court in connection with Chowk P.S. Case No.

(2) of the Cr.P.C.

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