Surendra Yadav @ Sulendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89023 of 2024 Arising Out of PS. Case No.-375 Year-2024 Thana- JHAJHA District- Jamui ====================================================== 1.
Surendra Yadav @ Sulendra Yadav S/o- Baldeo Yadav Village- Dhamna Tola Salaiya PS- Jhajha Distt-Jamui 2.
Upendra Yadav S/o- Baldeo Yadav Village- Dhamna Tola Salaiya PS- Jhajha Distt-Jamui 3.
Dinesh Yadav S/o- Baldeo Yadav Village- Dhamna Tola Salaiya PS- Jhajha Distt-Jamui 4.
Shiv Kumar Yadav @ Shiv Kumar S/o- Hriday Narayan Yadav VillageDhamna Tola Salaiya PS- Jhajha Distt-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, A.P.P.
For the Informant :
Mr. Umesh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2025 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 117(2), 109, 76 and 326(G) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 25.08.2024 at about 1 PM, informant saw some cattle of these petitioners grazing in his field upon which, informant went to complain about it. Thereafter, all the F.I.R. named accused persons including these
Patna High Court CR. MISC. No.89023 of 2024(2) dt.20-01-2025 2/3 petitioners entered the hut of informant and petitioner Nos. 1 and 2 misbehaved with his family members, petitioner No. 3 is alleged to have assaulted on the head of informant by means of axe and petitioner No. 4 assaulted on the right hand of informant with rod.
4. Learned counsel for the petitioners submits petitioners have falsely been implicated in this case. As a matter of fact, cattle of petitioner estranged into the field of informant which led to simple occurrence of maar-peet between the parties. Case and counter case. Injuries allegedly caused by these petitioners are simple in nature. There is no allegation of assault against petitioner Nos. 1 and 2. Petitioner Nos.1, 2 & 4 have got clean antecedents and petitioner No. 3 has got one criminal antecedent in which he is on bail.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.89023 of 2024(2) dt.20-01-2025 3/3 of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Jhajha P. S. Case No. 375 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T