Phooleshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83158 of 2023 Arising Out of PS. Case No.-426 Year-2022 Thana- KATORIYA District- Banka ====================================================== 1.
PHOOLESHWAR YADAV SON OF LATE GANGADHAR YADAV RESIDENT OF VILLAGE- NOUWADIH, P.S.- KATORIA, DISTRICTBANKA. 2.
BIJU YADAV SON OF LATE BHUTKA YADAV RESIDENT OF VILLAGE- NOUWADIH, P.S.- KATORIA, DISTRICT- BANKA. 3.
HURO YADAV SON OF LATE DUKHO YADAV RESIDENT OF VILLAGE- NOUWADIH, P.S.- KATORIA, DISTRICT- BANKA. 4.
ANTU YADAV SON OF LATE BHUTKA YADAV RESIDENT OF VILLAGE- NOUWADIH, P.S.- KATORIA, DISTRICT- BANKA. 5.
TETU YADAV SON OF LATE SHIBU YADAV RESIDENT OF VILLAGE- NOUWADIH, P.S.- KATORIA, DISTRICT- BANKA. ... ... Petitioner/s
Versus
The State of Bihar BIHAR .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Katoria P.S. Case No. 426 of 2022, registered for the offences punishable under Sections 452, 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. As per allegation, the accused persons caused lathi and axe blow injury to the informant, his brother and his son.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated
Patna High Court CR. MISC. No.83158 of 2023(3) dt.05-03-2024 2/2 in this case. There is case and counter case between the parties. The case, lodged by the defense side is earlier to the present case. The petitioners are the persons of clean antecedents. He has also submitted that at paragraph 105 of the case diary, it has been mentioned that though some of the injured persons were directed for C.T. scan but they did not furnish the report of C.T. scan and Pramod Yadav has suffered simple injuries.
5. Considering the above-mentioned facts and circumstances, especially the clean antecedents of the petitioners, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 426 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) Nirmal/- U T