Pramod Yadav @ Promod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87753 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== 1.

Pramod Yadav @ Promod Yadav S/O Harkhit Yadav R/O Village- Alinagar, Nababganj, P.S- Surajarha, Distt.- Lakhisarai. 2.

Amit Kumar S/O Pramod Yadav @ Promod Yadav R/O Village- Singhchak, P.S- Kiul, Distt.- Lakhisarai.

3.

Sumit Kumar @ Sanit Kumar S/O Pramod Yadav @ Promod Yadav R/O Village- Singhchak, P.S- Kiul, Distt.- Lakhisarai. 4.

Niranjan Kumar S/O Pramod Yadav @ Promod Yadav R/O VillageSinghchak, P.S- Kiul, Distt.- Lakhisarai. 5.

Subodh Yadav S/O Harkhit Yadav R/O Village- Singhchak, P.S- Kiul, Distt.- Lakhisarai.

6.

Sujit Kumar S/O Subodh Yadav R/O Village- Singhchak, P.S- Kiul, Distt.- Lakhisarai.

7.

Lalu Kumar S/O Subodh Yadav R/O Village- Singhchak, P.S- Kiul, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the State :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard Ld. counsel for the petitioners and Ld. APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Kiul P.S. Case No. 08 of 2024, dated 13.02.2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.87753 of 2024(2) dt.08-01-2025 2/3

3. As per the allegation, the accused persons including the petitioners have assaulted the informant and snatched a golden chain worth Rs. 40,000/-.

4. Ld. counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that on account of land dispute, there is altercation between the parties causing injury on both sides and both the sides have filed case and counter case. Even the criminal case has been filed by the accused side against the informant's side bearing Kiul P.S. Case No. 09 of 2024 for the offence punishable under Section 307 and other allied Sections.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedents.

7. Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the case and counter case, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of

Patna High Court CR. MISC. No.87753 of 2024(2) dt.08-01-2025 3/3 receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Lakhisarai, in connection with Kiul P.S. Case No. 08 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J) shoaib/- U T