Ravi Yadav @ Ravi Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86546 of 2023 Arising Out of PS. Case No.-503 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.
Ravi Yadav @ Ravi Kumar Yadav S/O Mahesh Yadav R/O VillageAbdullahpur, P.S- Bahadurpur, Distt.- Darbhanga. 2.
Rahul Yadav S/O Naresh Yadav R/O Village- Abdullahpur, P.S- Bahadurpur, Distt.- Darbhanga.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Murli Dhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Bahadurpur P.S. Case No. 503 of 2022, registered for the offences punishable under Sections 448, 341, 323, 324, 302, 427, 380/34 of the Indian Penal Code.
3. As per the First Information Report, on 07.10.2022 all the named accused persons armed with various weapons entered into the house of the informant and assaulted the mother of the informant, looted and vandalized the household articles. Due to the injury caused to the mother of the informant, she later died in the hospital.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.86546 of 2023(2) dt.31-01-2024 2/3 altogether seven persons have been made accused on the basis of general and omnibus allegations. Police after investigation submitted Final Form not sending the petitioners for trial and the learned Magistrate has differed with the police report and taken cognizance against the petitioners. Learned counsel further submits that there is a previous dispute between the parties inasmuch as earlier the side of the prosecution has killed the mother of the petitioner no. 1 for which F.I.R bearing Bahadurpur P.S. Case No. 191 of 2021 dated 31.03.2021 has been lodged.
5. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that petitioners along with other accused persons brutally killed the mother of the informant. The petitioners played active role in the killing of the informant's mother.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that police after investigation submitted final form not sending the petitioners for trial and there is a previous dispute between the parties, I am inclined to grant the petitioners privilege of anticipatory bail.
6. Let the petitioners, Ravi Yadav @ Ravi Kumar
Patna High Court CR. MISC. No.86546 of 2023(2) dt.31-01-2024 3/3 Yadav and Rahul Yadav in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga in connection with Bahadurpur P.S. Case No. 503 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Anil Kumar Sinha, J) Sudha/- U T