Ram Dayal Yadav @ Ram Dayal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82588 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- SIGAUDI District- Patna ====================================================== 1.

Ram Dayal Yadav @ Ram Dayal Kumar Son of Ram Pravesh Yadav R/O Village- Belwan PS- Sigori District- Patna 2.

Nagendra Yadav @ Nagendra Kumar Son of Ram Pravesh Yadav R/O Village- Belwan PS- Sigori District- Patna 3.

Shiv Nath Yadav @ Shidh Nath Yadav Son of Suresh Yadav R/O VillageBelwan PS- Sigori District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2.

3. Permission is granted.

4. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.2.

5. Now this application survives for rest of the petitioners.

6. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 325,

Patna High Court CR. MISC. No.82588 of 2024(2) dt.11-12-2024 2/3 307, 379, 354, 504, 506, 34 of the Indian Penal Code.

7. Allegedly the petitioners are said to have abused and assaulted the informant and his daughters brutally by means of deadly weapons due to which they have sustained injuries.

8. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Nothing specific has been attributed against them. Both the parties are agnates and there is admitted dispute between them regarding spilling drain water on the road. Both sides have sustained injuries and filed cases against each other. Learned counsel for the petitioners fairly submits that all the injuries sustained by the injured persons were found simple in nature except the injury of the informant. Petitioner no.1 has one criminal antecedent, whereas petitioner no.3 has no criminal antecedent as mentioned in para-3 of this application.

9. Learned APP for the State opposes the prayer for bail.

10. Having regard to the facts and circumstances of the case, since from bare perusal of the FIR, it is evident that there

Patna High Court CR. MISC. No.82588 of 2024(2) dt.11-12-2024 3/3 is general and omnibus allegation against the petitioners, let the above named petitioner nos. 1 & 3, 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 lower Court where the case is pending/successor Court in connection with Sigori P.S. Case No.68 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

11. Accordingly, the application stands partly allowed. (Anjani Kumar Sharan, J) divyanshi/- U T