Sunil Yadav @Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78047 of 2023 Arising Out of PS. Case No.-514 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.

SUNIL YADAV @SUNIL KUMAR S/O MOHAN YADAV R/O VILLDUNDO, PS-JAMUI, DISTRICT-JAMUI, BIHAR 2.

SAJJAN YADAV@SAJAN YADAV S/O SAGAR YADAV R/O VILLDUNDO, PS-JAMUI, DISTRICT-JAMUI, BIHAR 3.

YOGENDRA YADAV S/O BRIJNANDAN YADAV R/O VILL-DUNDO, PS-JAMUI, DISTRICT-JAMUI, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP For the Informant :

Mr.Pramod Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 323, 341, 307/34 IPC. 3.

At the outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.3, who has been apprehended during pendency of this application.

4.

Permission is granted.

5.

Accordingly, this application with regard to petitioner no.3 is dismissed as withdrawn and now it is being heard for

Patna High Court CR. MISC. No.78047 of 2023(2) dt.08-12-2023 2/3 consideration of bail of petitioner nos.1 and 2 only. 6.

Allegedly, the petitioners and other accused persons entered into the house of the informant by constituting an unlawful assembly and on the order of petitioner no.1, petitioner no.2 and one Shambhu Yadav caught the informant at gunpoint. The accused brutally assaulted the informant's side. 7.

It is submitted by learned counsel for the petitioners that petitioner nos.1 and 2 are quite innocent and have committed no offence. They have been falsely implicated in this case. Allegation against the petitioner no.1 is to assault the injured person on the hand and leg and allegation against the petitioner no.2 is to put the informant on gun point. There is case and counter-case between the parties. Petitioners are not the authors of any of the grievous injury. Petitioners have one criminal antecedent.

8.

Learned APP for the State opposed the prayer for bail but has not denied this fact that the petitioners are not the authors of the grievous injury.

9.

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

Patna High Court CR. MISC. No.78047 of 2023(2) dt.08-12-2023 3/3 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 Jamui P.S. Case No.514 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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