Fulendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3504 of 2023 Arising Out of PS. Case No.-427 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
Fulendra Yadav Son Of Late Suresh Yadav R/O Vill.- Masti Fatehpur Ward No. 9, P.S.- Mufsil (Lakho O.P.), Distt.- Begusarai 2.
Rijal Yadav Son Of Late Suresh Yadav R/O Vill.- Masti Fatehpur Ward No. 9, P.S.- Mufsil (Lakho O.P.), Distt.- Begusarai 3.
Raushan Yadav @ Raushan Kumar Son Of Dinesh Yadav R/O Vill.- Masti Fatehpur Ward No. 9, P.S.- Mufsil (Lakho O.P.), Distt.- Begusarai 4.
Sanjeet Yadav Son Of Janardan Yadav R/O Vill.- Masti Fatehpur Ward No. 9, P.S.- Mufsil (Lakho O.P.), Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma For the Informant :
Mr.Md.Fahimuddin For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2023 At the outset, it is submitted by the counsel for petitioners that supplementary affidavit has already been filed on 03.04.2023.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code. Prosecution case in brief is that on the alleged date and time of occurrence while informant's husband and her son were cutting grass, in the meantime, all the accused persons
Patna High Court CR. MISC. No.3504 of 2023(3) dt.04-04-2023 2/3 including petitioners having variously armed came and started abusing them. On protest, petitioner no. 1 ordered to kill both of them. Co-accused Bittu Kumar assaulted the husband of informant by iron rod causing injury on his hand. Petitioner no. 3 snatched cash of Rs. 350/- from the pocket of her husband and petitioner no. 4 snatched gold chain from the neck of son of informant. It is further alleged that all the accused persons demanded ransom of Rs. 50,000/- as Rangdari and also threatened with dire consequence.
It is submitted that specific accusation of assault is against other co-accused persons. So far as the case of petitioners are concerned, petitioner no. 1 is order giver, petitioner no. 3 snatched cash and petitioner no. 4 snatched gold chain from the neck of informant's son. There is no specific allegation against petitioner no. 2. It is submitted that allegation against these petitioners are super-addition only to make the offence grave.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.3504 of 2023(3) dt.04-04-2023 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Muffasil (Lakho OP) P.S. Case No. 427 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T