Hari Yadav @ Hari Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 83242 of 2024 Arising Out of PS. Case No.-300 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== 1.
Hari Yadav @ Hari Narayan Yadav S/O Surya Narayan Yadav R/O Village - Phulparas ,P.O -Phulparas, P.S - Phulparas, Dist.- Madhubani. 2.
Ajay Yadav @ Ajay Kumar S/O Surya Narayan Yadav R/O Village - Phulparas ,P.O -Phulparas, P.S - Phulparas, Dist.- Madhubani. 3.
Pappu Kumar @ Pappu Kumar Yadav S/O Surya Narayan Yadav R/O Village - Phulparas ,P.O -Phulparas, P.S - Phulparas, Dist.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Narain Yadav, Adv.
For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioners, Ms. Rita Verma, learned APP for the State and learned counsel for the informant.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending their arrest in connection with Phulparas P.S. Case no. 300 of 2021 instituted for the offence under Sections 341, 323 and 427 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner along with others being armed with gun arrived and started firing. The informant and his family members started hiding.
Patna High Court CR. MISC. No. 83242 of 2024(2) dt.12-12-2024 2/3 The accused persons broke the asbestos roof and it is also alleged that from a piece of brick, Aditya Kumar received injury near his eyes. It is also alleged that the accused persons caused mischief to the house of the informant due to which he has suffered a loss of Rupees Fifty Thousand.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During course of hearing, learned counsel for the petitioner has submitted that there is also a counter version of this case. It is next submitted that there is land dispute between the parties and in the incident, the accused persons have also received injuries.
5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.
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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Phulparas P.S. Case No. 300 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No. 83242 of 2024(2) dt.12-12-2024 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T