Bhagwat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74552 of 2022 Arising Out of PS. Case No.-256 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

Bhagwat Yadav Son Of Late Panchu Yadav R/V- Malhanma, P.S.- Triveniganj, District- Supaul 2.

Sibu Yadav Son Of Late Panchu Yadav R/V- Malhanma, P.S.- Triveniganj, District- Supaul 3.

Dileep Yadav Son Of Bhagwat Yadav R/V- Malhanma, P.S.- Triveniganj, District- Supaul 4.

Rajesh Yadav Son Of Bhagwat Yadav R/V- Malhanma, P.S.- Triveniganj, District- Supaul 5.

Sandeep Kumar @ Sandeep Yadav Son Of Bhagwat Yadav R/V- Malhanma, P.S.- Triveniganj, District- Supaul 6.

Nitish Kumar @ Nitish Kumar Yadav Son Of Dileep Yadav R/V- Malhanma, P.S.- Triveniganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Learned counsel for the petitioners submits that the petitioner nos. 1 and 3 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner nos. 1 and 3.

Permission is granted.

Accordingly, this application with regard to petitioner nos. 1 and 3 has been dismissed as withdrawn. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of

Patna High Court CR. MISC. No.74552 of 2022(2) dt.16-03-2023 2/3 bail with regard to rest of the petitioners.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 308, 354(B), 504, 509, 506, 379 of the Indian Penal Code.

Petitioners are said to have assaulted the informant and his family members by means of spade, farsa and rod and also snatched golden ornament of Rs. 4000/-.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the injury found upon the victim is simple in nature. He further submits that petitioners has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.74552 of 2022(2) dt.16-03-2023 3/3 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 Tribeniganj P.S. Case No. 256 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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