Umashankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86605 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== 1.

Umashankar Yadav Son of Leela Yadav Resident of Village - Dharampur, P.S. - Fatehpur, District - Gaya 2.

Raushan Kumar @ Raushan Raj Son of Lakhan Yadav @ Satyanarayan Prasad Resident of Village - Dharampur, P.S. - Fatehpur, District - Gaya 3.

Ranjit Kumar Son of Lakhan Yadav @ Satyanarayan Prasad Resident of Village - Dharampur, P.S. - Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 448, 341, 354(A), 323, 324, 307, 379, 427, 504, 506 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch (DAAIN) Practices Act.

3. As per the prosecution case, the petitioners along with other co-accused persons armed with deadly weapons entered into the house of informant and started abusing and

Patna High Court CR. MISC. No.86605 of 2024(2) dt.18-12-2024 2/3 assaulting the informant and her family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties. There is admitted land dispute between the parties. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 12.12.2024 passed in Cr. Misc. No. 83052 of 2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court, 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 lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.86605 of 2024(2) dt.18-12-2024 3/3 connection with Fatehpur P.S. Case No.176 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T