Sunil Yadav @ Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75342 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- NADI District- Supaul ====================================================== 1.

SUNIL YADAV @ SUNIL KUMAR YADAV S/o Devnarayan Yadav R/o Village- Panchgachiya Koni, P.S.- Supaul Nadi, Distt- Supaul. 2.

Sandeep Kumar Yadav @ Sandeep Kumar S/o Ravindra Yadav R/o VillagePanchgachiya Koni, P.S.- Supaul Nadi, Distt- Supaul. 3.

Prabhakar Suman @ Pradeep Kumar Yadav S/o Ravindra Yadav R/o Village- Panchgachiya Koni, P.S.- Supaul Nadi, Distt- Supaul. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 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 147, 149, 341, 323, 324, 307, 354, 379 and 504 of the Indian Penal Code.

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

Patna High Court CR. MISC. No.75342 of 2022(2) dt.05-04-2023 2/3 they sustained injuries on vital part also.

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 due to land dispute. As a matter of fact, a free fight took place between the parties due to land dispute in which both sides assaulted to each other by means of deadly weapons and the present case is counterblast of Supaul Nadi P.S. Case No.32 of 2021. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that after investigation the police submitted charge sheet showing the petitioners as not sent up for trial but differing with the final form the learned court below took cognizance against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.75342 of 2022(2) dt.05-04-2023 3/3 connection with Supaul Nadi P.S. Case No.33 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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