Shankar Yadav @ Budhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79895 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- NAUHATTA District- Rohtas ====================================================== 1.
Shankar Yadav @ Budhan Kumar S/o Amardeo Yadav R/o Village- Nimhat, PS- Nauhatta, District- Rohtas 2.
Amardeo Yadav S/o Kishun Yadav R/o Village- Nimhat, PS- Nauhatta, District- Rohtas 3.
Nagdeo Yadav S/o Kishun Yadav R/o Village- Nimhat, PS- Nauhatta, District- Rohtas 4.
Jitu Yadav S/o Nagdeo Yadav R/o Village- Nimhat, PS- Nauhatta, DistrictRohtas 5.
Satyendra Yadav S/o Bachandeo Yadav R/o Village- Nimhat, PS- Nauhatta, District- Rohtas ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and Mr. Satya Nand Shukla, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nauhatta P.S Case No. 79 of 2024 instituted for the offence under Sections 307, 323, 341, 504, 506, 34, 147, 148 of the Indian Penal Code.
3. The case of the prosecution is that the petitioners alongwith others being armed with lathi-danda, iron rod, tangi
Patna High Court CR. MISC. No.79895 of 2024(2) dt.05-12-2024 2/3 and garass arrived and started abusing the informant and assaulted him due to which he received head injury. It is further alleged that when he fell down all the accused person assaulted the informant with lathi, danda.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case. During course of argument, learned counsel for the petitioners submitted that there is dispute for share. From the perusal of FIR itself, it is clear that the informant and the petitioners are inmates. There is land dispute between the parties. The nature of allegation is general and omnibus. From the perusal of injury report, it is clear that some of the victims have received injury but not on vital part. A statement has been made in para-3 of this petition that the petitioners have no criminal antecedent.
5. Learned APP for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nauhatta P.S Case No. 79 of 2024, they will be
Patna High Court CR. MISC. No.79895 of 2024(2) dt.05-12-2024 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Suruchi/- U T