Pradep Yadav @ Pradeep Prashad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85803 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== 1.
Pradep Yadav @ Pradeep Prashad SON OF JHAMAN YADAV RESIDENT OF VILLAGE- LOHSINDHANI, P.S.- KAUWAKOL, DISTRICTNAWADA 2.
SANDEEP YADAV SON OF SHIVDANI YADAV RESIDENT OF VILLAGE- LOHSINDHANI, P.S.- KAUWAKOL, DISTRICT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar, Adv.
Mr. Abhirup, Adv.
For the Opposite Party/s :
Mr.Khurshid Anwar, APP.
Mr. Vibhuti Ranjan Sonvadra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 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, 341, 323, 307, 504, 506/34 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioners are said to have assaulted the informant's side brutally due to which they sustained several injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.85803 of 2023(2) dt.18-01-2024 2/3 Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The present case is counter blast of Kauwakol P.S. Case No. 314 of 2023 which was lodged by petitioner no.1. Both sides have sustained injuries. The injuries caused by these petitioners to the injured persons are simple in nature. Similarly situated co-accused persons have been enlarged on bail by a co-ordinate bench of this court vide order dated 17.10.2023 passed in Cr. Misc. No 63917 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the similarly situated co-accused have been granted anticipatory bail, 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
Patna High Court CR. MISC. No.85803 of 2023(2) dt.18-01-2024 3/3 pending/successor Court in connection with Kauwakol P.S. Case No. 315 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)14 divyanshi/- U T