Mahadev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82313 of 2023 Arising Out of PS. Case No.-707 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== 1.

Mahadev Yadav S/O Late Bipat Yadav Village- Sohda, Ps. Rajauli, Dist. Nawada.

2.

Nanku Yadav S/O Late Bipat Yadav Village- Sohda, Ps. Rajauli, Dist. Nawada.

3.

Balram Yadav @ Baliram Kumar S/O Late Jago Yadav Village- Sohda, Ps. Rajauli, Dist. Nawada.

4.

Rohit Yadav @ Rohit Kumar S/O Late Jago Yadav Village- Sohda, Ps. Rajauli, Dist. Nawada.

5.

Sachin Yadav @ Sachin Kumar S/O Nanku Yadav Village- Sohda, Ps. Rajauli, Dist. Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 342, 379, 504, 506, 34 of the Indian Penal Code.

3. Allegation against these petitioner that they along with other accused persons attacked informant and his family members with sword, iron-rod and other deadly weapons and same is corroborated by injury report on record.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.82313 of 2023(2) dt.04-01-2024 2/2 that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Petitioners and informant are agnates. The injury sustained by the victim is simple in nature. Petitioner No.1 has one criminal antecedent and rest have no criminal antecedent as mentioned in para-3 of this application.

5. Having regard to the facts and circumstances of the case, 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 where the case is pending/successor Court in connection with Rajauli P.S. Case No. 707 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T