Upendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5108 of 2024 Arising Out of PS. Case No.-416 Year-2023 Thana- JHAJHA District- Jamui ====================================================== 1.
Upendra Yadav S/o- Late Narain @ Late Narain Yadav Resident of Khairan, P.O Baijla, P.S. Jhajha, Dist. Jamui 2.
Yugal Yadav son of Late Narain @ Late Narain Yadav Resident of Khairan, P.O Baijla, P.S. Jhajha, Dist. Jamui 3.
Anil Yadav son of Late Narain @ Late Narain Yadav Resident of Khairan, P.O Baijla, P.S. Jhajha, Dist. Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh For the Opposite Party/s :
Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Jhajha P.S. Case No.416/2023 dated 06.08.2023 registered for the offence punishable under Sections 341, 323, 307, 379, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that on account of dispute relating to grazing of crop by the cow of the petitioners, the present occurrence is alleged to have taken place. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R. though the informant alleges
Patna High Court CR. MISC. No.5108 of 2024(2) dt.23-02-2024 2/3 that he was assaulted by the accused persons including the petitioners but then the allegation of assault is not specific. It is further submitted that no doubt the informant suffered two injuries on head, out of which, one is simple and other is grievous but then who assaulted the informant causing grievous injury cannot be culled out from the F.I.R. It is also submitted that the petitioners will not abscond rather will co-operate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jhajha P.S. Case No.416/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioners
Patna High Court CR. MISC. No.5108 of 2024(2) dt.23-02-2024 3/3 despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioners. (Satyavrat Verma, J) amit/- U T