Ramdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.419 of 2024 Arising Out of PS. Case No.-233 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== 1.
Ramdeo Yadav Son of Late Chethru Yadav Resident of Village-Siswa Barhi, Police Station-Phulpara, District-Madhubani 2.
Manoj Kumar @ Manoj Yadav Son of Ramdeo Yadav Resident of VillageSiswa Barhi, Police Station-Phulpara, District-Madhubani 3.
Santosh Yadav @ Santosh Kumar Yadav @ Santosh @ Durendra Son of Ramdeo Yadav Resident of Village-Siswa Barhi, Police Station-Phulpara, District-Madhubani 4.
Binod Yadav @ Binod Kumar @ Binod Kumar Yadav Son of Ramdeo Yadav Resident of Village-Siswa Barhi, Police Station-Phulpara, DistrictMadhubani 5.
Satendra Yadav Son of Late Kapildeo Yadav Resident of Village-Siswa Barhi, Police Station-Phulpara, District-Madhubani 6.
Dinesh Kumar @ Dinesh Yadav Son of Late Ramdas Yadav Resident of Village- Siswa Barhi, Police Station-Phulparas, District- Madhubani. 7.
Rupesh Yadav Son of Late Ramdas Yadav Resident of Village-Siswa Barhi, Police Station-Phulpara, District- Madhubani 8.
Umesh Yadav Son of Late Ramdas Yadav Resident of Village-Siswa Barhi, Police Station-Phulpara, District-Madhubani 9.
Pradeep Yadav @ Pradeep Kumar Yadav Son of Surya Narayan Yadav Resident of Village- Siswa Barhi, Police Station- Phulpara, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Jha For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-02-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and
Patna High Court CR. MISC. No.419 of 2024(2) dt.12-02-2024 2/3 learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Phulparas P.S. Case No. 233 of 2022, dated 17.05.2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 354(B), 504, 506 of the Indian Penal Code.
4. As per the prosecution case, on 08.05.2022, all the petitioners along with the other co-accused persons armed with different weapons came to the house of the informant and abused and also assaulted the informant including his daughter in law and other family members. The specific allegation upon petitioner no. 2, namely Manoj Yadav who assaulted by means of farsa on the head of the informant, petitioner no.4, Binod Yadav assaulted by iron rod upon the head, Ramdev Yadav assaulted by means of khanti.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioners were neither apprehended on the spot. There is general and omnibus allegation levelled against the petitioners. It is further submitted that the injury sustained by injured persons are simple in nature caused by hard and blunt substances.
Patna High Court CR. MISC. No.419 of 2024(2) dt.12-02-2024 3/3
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioners, let the above named petitioner, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 233 of 2022, corresponding to G.R. No. 796/2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:
8. This application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T