Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.903 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== 1.
DILIP KUMAR Son of Mahesh Yadav R/v- Hujrapar, P.S.- Ghosi, DistrictJehanabad, Bihar 2.
RAVI KANT YADAV @ RAVI KANT Son of Mahesh Yadav R/v- Hujrapar, P.S.- Ghosi, District- Jehanabad, Bihar 3.
SHASHIKANT YADAV @ SHASHIKANT KUMAR Son of Mahesh Yadav R/v- Hujrapar, P.S.- Ghosi, District- Jehanabad, Bihar 4.
MAHESH YADAV @ MAHESH @ BIRENDRA SINGH Son of Late Ramawatar Yadav R/v- Hujrapar, P.S.- Ghosi, District- Jehanabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar For the Opposite Party/s :
Mr. Syed Mojibur Rahman Mr. Sameer Sawarn ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 448, 341, 323, 324, 307, 325, 379, 504, 34 of the Indian Penal Code. Allegedly, the petitioners and other co-accused persons assaulted the informant's side by means of several weapons. It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.903 of 2023(3) dt.19-06-2023 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific allegation against the petitioners. There is a dispute regarding drain and pathway between the parties. There is a case and counter-case between the parties and both sides sustained injuries. He further submits that the injuries are simple in nature caused by hard and blunt substance. Petitioner nos. 1 and 4 have one criminal antecedent and petitioner nos.2 and 3 have no criminal antecedent, as also mentioned in paragraph-3 of the bail application.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case as well as considering the nature of injury, 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 court below
Patna High Court CR. MISC. No.903 of 2023(3) dt.19-06-2023 3/3 where the case is pending/Successor Court in connection with Ghoshi P.S. Case No.481 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T