Dhaneshar Yadav @ Daneshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81295 of 2019 Arising Out of PS. Case No.-383 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== 1.

DHANESHAR YADAV @ DANESHWAR YADAV Son of Damodar Yadav Resident of Village - Ghateriya, P.S.- Dobhi, District- Gaya 2.

Pradeep Kumar @ Pradeep Yadav Son of Dhaneshar Yadav @ Daneshwar Yadav Resident of Village - Ghateriya, P.S.- Dobhi, District- Gaya 3.

Lakshan Yadav @ Laxman Yadav Son of Rameshwar Yadav Resident of Village - Ghateriya, P.S.- Dobhi, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sherghati (Dobhi) P.S. Case No. 383 of 2019 for the offence registered under Sections 341, 323, 324, 307, 379, 452/34 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant on account of certain dispute having taken place in between them.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and they are having clean antecedents. It is further submitted that a bare perusal of the impugned order dated 26.11.2019 passed by the learned Additional Sessions Judge, IV, Gaya would show that the injuries are simple in nature and are stated to have been caused by

Patna High Court CR. MISC. No.81295 of 2019(2) dt.20-01-2020 2/2 hard blunt substance although the allegation is regarding assault by sword. Thus, it is submitted that apparently the allegations levelled against the petitioners are false. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners coupled with the fact that the petitioners are having clean antecedents and the injuries inflicted upon the person of the informant is stated to be simple in nature, I deem it fit and proper to grant anticipatory bail to the petitioners herein. Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, (Gaya) in connection with Sherghati (Dobhi) P.S. Case No. 383 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.