Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2304 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- ANTI District- Gaya ====================================================== 1.

Rajesh Yadav Son Of Late Karu Yadav @ Tijan Yadav Resident Of Village - Fatehpur, P.S. - Aati, District - Gaya (BIHAR) 2.

Jito Kumar Son Of Late Karu Yadav @ Tijan Yadav Resident Of Village - Fatehpur, P.S. - Aati, District - Gaya (BIHAR) 3.

Bhuneshwar Yadav Son Of Late Karu Yadav @ Tijan Yadav Resident Of Village - Fatehpur, P.S. - Aati, District - Gaya (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 323, 324, 325, 337, 338, 341, 307, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, on 22.02.2023 at about 9 AM, while brother and uncle of the informant were in process of constructing house, in the meantime, all the accused persons including these petitioners, armed with axe and sword etc. came there and started abusing them and on protest by informant and others, they were assaulted by accused persons, on account of which, four persons sustained injury.

Patna High Court CR. MISC. No.2304 of 2024(2) dt.31-01-2024 2/2

4. It is submitted on behalf of petitioners that due to dispute over passage, a free fight took place, in which, both sides sustained injury. There is case and counter case. Allegation of assault is general and omnibus. Petitioners no. 1 & 3 have got clean antecedent, whereas petitioner no. 2 has got one criminal antecedent, in which, he is on bail.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 6th, Gaya in connection with Aati P.S. Case No. 14 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T