Patna High Court - Orders
Sarun Yadav vs The State Of Bihar on 12 January, 2022
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15898 of 2021
Arising Out of PS. Case No.-18 Year-2020 Thana- HARPUR District- Munger
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1. SARUN YADAV S/o Mahesh Yadav R/o village- Beladih, P.O.- Madhodih,
P.S.- Harpur, District- Munger
2. Niranjan Yadav S/o Late Punay Yadav R/o village- Beladih, P.O.- Madhodih,
P.S.- Harpur, District- Munger
3. Navin Yadav S/o Devendra Yadav R/o village- Beladih, P.O.- Madhodih,
P.S.- Harpur, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand, Adv.
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 12-01-2022Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings.
Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office, within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.
Petitioners apprehend their arrest in connection with Harpur P.S. Case No.18 of 2020, GR No.925/2020, registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 448, 504, 506 of the IPC. Patna High Court CR. MISC. No.15898 of 2021(2) dt.12-01-2022 2/3 The crux of the prosecution case is that on account of an altercation with regard to catching of fish from the pond, all the named accused persons entered into the house of the informant and assaulted him with lathi, farsa, gadasa, axe, bhala, dabiya etc. It is alleged that that later on they also tried to outrage the modesty of informant's daughter-in-law.
It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have not committed any offence. They have been falsely implicated in this case due to village politics and enmity. From perusal of the FIR itself, it is clear that there is no any specific allegation against the petitioners rather the specific allegation is against other accused persons. It is submitted that, at best, the only allegation against the petitioners is that they were members of the mob. Petitioner nos.1 and 3 have no criminal antecedent and petitioner no.2 has one criminal antecedent, which is also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for bail. In the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioners, in the event of their surrender/arrest before the learned Court below within a period of six weeks Patna High Court CR. MISC. No.15898 of 2021(2) dt.12-01-2022 3/3 from today, are directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger, in connection with Harpur P.S. Case No.18 of 2020, GR No.925/2020, subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/-
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