Faguni Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83481 of 2019 Arising Out of PS. Case No.-401 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== 1.
FAGUNI YADAV Son of Nemdhari Yadav Resident of Village - Bhatuchak, P.S.- Mohanpur, District- Gaya 2.
Ramjit Yadav @ Ramjet Yadav Son of Devnandan Yadav Resident of Village - Bhatuchak, P.S.- Mohanpur, District- Gaya 3.
Fultun Yadav Son of Faguni Yadav Resident of Village - Bhatuchak, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lilawati Singh For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 447, 307, 337, 338, 504, 34 of the Indian Penal Code.
The prosecution case in short is that in the backdrop of construction of Varandah, the dispute arose between the parties and in consequence thereof, the accused persons started abusing the informant-side and on protest, the brother of the informant was assaulted as a result of which, he sustained injuries on head. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of
Patna High Court CR. MISC. No.83481 of 2019(2) dt.17-12-2019 2/2 tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Two persons are said to have been injured. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (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 Barachatti (Mohanpur) P.S. Case No. 401 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T