Rajesh Yadav @ Rajeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8639 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- CHENARI District- Rohtas ====================================================== 1.

Rajesh Yadav @ Rajeshwar Yadav S/o Late Narayan Singh Yadav, R/o Village-Doia, P.S.-Chenari, District-Rohtas.

2.

Jayendra Yadav @ Jayendra Singh, @ Jayendra Singh Yadav S/o Late Narayan Singh Yadav, R/o Village-Doia, P.S.-Chenari, District-Rohtas. ... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Chenari P.S. Case No. 271 of 2023, dated 08.09.2023, registered for the offences punishable under sections 143, 341, 323, 324, 325, 307 and 379 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons armed with weapons are alleged to have assaulted the father of the informant. The petitioner no. 1 gave blow of knife in the eye of the informant's father and the petitioner no. 2 and Krishna Yadav assaulted with Gadasa due to which he felt down on the earth and the accused persons

Patna High Court CR. MISC. No.8639 of 2024(2) dt.07-03-2024 2/3 snatched Rs. 10,000/- from the informant's father. The informant's father sustained femur fracture, humerus fracture and two puncture would on proximal leg which is grievous in nature.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have three criminal antecedents as stated in para 3 of the bail petition in all cases they are on bail. There is case and counter case between both the parties and also there is land dispute between them. Both sides sustained injury.

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

6. Considering the aforesaid facts and circumstances of the case and the allegation being general and omnibus allegation against the petitioners, 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 bailbond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Chenari P.S. Case No. 271 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with

Patna High Court CR. MISC. No.8639 of 2024(2) dt.07-03-2024 3/3 further condition:

(i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, their bail bonds are liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T