Sikander Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.650 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- MANSAHI District- Katihar ====================================================== 1.

Sikander Yadav S/o Late Anandi Yadav R/o Badi Bathna, P.S-Mansahi, District-Katihar.

2.

Rameshwar Yadav S/o Late Anandi Yadav R/o Badi Bathna, P.S-Mansahi, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-01-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners apprehend their arrest in connection with Mansahi P.S. Case No.125 of 2023 registered for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3.

The allegation against the petitioners is to have abused and assaulted the informant and his son and nephew by means of lathi and danda.

4.

Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in the present case. It is also submitted that from perusal of the

Patna High Court CR. MISC. No.650 of 2024(2) dt.29-01-2024 2/3 FIR, it appears that petitioner no.1 is order giver and petitioner no.2 is only the member of mob. It is also submitted that from perusal of injury report it appears that injuries have found on the body of injured, Anup Lal Yadav i.e. abrasion on right leg and abrasion, pain over left foot and only two injuries found on the body of Pradeep Kumar i.e. lacerated wound on fore head size about 1/2" CM X 2 CM and body ache. It is also submitted that petitioner no. 1 have criminal antecedent and petitioner no.2 is a man of clean antecedent.

5.

Learned APP appearing on behalf of the State duly assisted by learned counsel for the informant, opposes the prayer for bail of the petitioners and submits that injury is simple in nature. It is also submitted that there is case and counter case between the parties and petitioner no.1 has criminal antecedent.

6.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners abovenamed be released on bail upon furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.650 of 2024(2) dt.29-01-2024 3/3 Magistrate, 1st Class, Katihar in connection with Mansahi P.S. Case No.125 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with a further condition that one of the bailors of the petitioners shall be close relatives of the petitioners.

(Ramesh Chand Malviya, J) S.Katyayan/- Mayank/- U T