Ajay Yadav @ Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86262 of 2024 Arising Out of PS. Case No.-333 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== 1.
Ajay Yadav @ Sujit Kumar S/o- Gaurishankar Yadav Resident of villBabhnauli PS- Mairwa Dist- Siwan 2.
Mukesh Kumar Yadav @ Mukesh Yadav S/o-Panchdeo Yadav Resident of vill-Babhnauli PS- Mairwa Dist- Siwan 3.
Bittu Kumar S/o- Hari Yadav Resident of vill-Babhnauli PS- Mairwa DistSiwan 4.
Ghanshyam Pandey S/o- Shivam Pandey Resident of vill-Babhnauli PSMairwa Dist- Siwan 5.
Shivam Pandey S/o- Vashishth Pandey Resident of vill-Harnathpur PSMairwa Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Anupam, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-12-2024 Heard learned counsel for the petitioners and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Mairwa P.S. Case No. 333 of 2024 instituted for the offence under Sections 126(2), 115, 118(1), 303(2), 351, 3(5) of the B.N.S.
3. The case of the prosecution is that the petitioners along with one other arrived at the shop of the informant and
Patna High Court CR. MISC. No.86262 of 2024(2) dt.20-12-2024 2/3 started assaulting him. It is further alleged that one Ghanshyam Pandey assaulted with an iron rod on the head of the informant, due to which he received bleeding head injury and when Devanand Bhagat came to rescue him, he was also being assaulted with lathi, danda. It is further alleged that Ghanshyam Pandey assaulted with hockey stick on the head of Devanand Bhagat.
4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is also submitted that there is also a counter version of this case. It is further submitted that nature of injury of all the victims of this case are simple in nature. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest
Patna High Court CR. MISC. No.86262 of 2024(2) dt.20-12-2024 3/3 or surrender in connection with Mairwa P.S. Case No. 333 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T