Patna High Court - Orders
Bhubaneshwar Yadav vs The State Of Bihar on 21 December, 2021
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11478 of 2021
Arising Out of PS. Case No.-337 Year-2020 Thana- BAHADURPUR District- Darbhanga
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1. BHUBANESHWAR YADAV S/O LATE SAUDAGAR YADAV R/O
VILLAGE GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P),
DISTRICT DARBHANGA
2. RAJ KARAN YADAV S/O BILAT YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
3. MOHAN YADAV S/O BILAT YADAV R/O VILLAGE GHORGHATTA,
P.S. BAHADURPUR (FEKLA O.P), DISTRICT DARBHANGA
4. RAJAN RAM YADAV S/O BILAT YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
5. TEJ NARAYAN YADAV S/O BILAT YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
6. SANJAY YADAV S/O SHIV TAHAL YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
7. SANDEEP YADAV S/O SHIV TAHAL YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
8. PALAT YADAV S/O LAE MANNA YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
9. BHOOPNATH YADAV S/O LATE RAM VIKASH YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
10. KAUSHAL YADAV S/O LATE RAM VIKASH YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
11. SANJEEVAN YADAV S/O BHAGAR YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
12. RAJA RAM YADAV S/O LATE MUSAFIR YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
13. RAM KRIPAL YADAV S/O LATE MUSAFIR YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
14. VINOD YADAV S/O RAM SEVAK YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
Patna High Court CR. MISC. No.11478 of 2021(5) dt.21-12-2021
2/4
15. PRAMOD YADAV S/O RAM SEVAK YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
16. RAM SNEHI YADAV S/O LATE RAM UDAR YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
17. SIKANDAR YADAV S/O DIP NARAYAN YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
18. RAMDAS YADAV S/O RAJ KISHORE YADAV R/O VILLAGE
GHORGHATTA, P.S. BAHADURPUR (FEKLA O.P), DISTRICT
DARBHANGA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Shahnawaz Ali, Adv.
For the Opposite Party/s : Mrs.Shaheen Begum, APP
For the Informant : Mr.Pankaj Kumar Das, Adv.
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
5 21-12-2021This anticipatory bail application is being heard on behalf of all the petitioners except petitioner nos.3 and 6, as prayer for anticipatory bail on their behalf has already been withdrawn earlier.
Learned counsel for the petitioners has filed a supplementary affidavit in the court today.
The same is kept on record.
Heard the parties.
The petitioners apprehend their arrest in a case in connection with Bahadurpur (Fekla OP) P.S. Case No.337/2020, Patna High Court CR. MISC. No.11478 of 2021(5) dt.21-12-2021 3/4 registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 354, 427, 379, 504, 506 of the IPC, section 27 of the Arms Act and section 3/4 of Explosive Substance Act.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence as alleged ever took place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The parties are next door neighbors and there is case and counter case between the parties. The present case is counter blast of Bhadurpur (Fekla) O.P. P.S. Case No.338 of 2020, lodged by one of the co-accused against the members of prosecution party. Several other cases are pending in between both the parties. Several accused persons in Bhadurpur P.S. Case No.338 of 2020 were granted the privilege of anticipatory bail vide Cr. Misc. No.1444 of 2021 dated 01.11.2021 by a co- ordinate Bench of this Court. Petitioners have criminal antecedent as described in the supplementary affidavit.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioners except petitioner nos.3 and 6, be Patna High Court CR. MISC. No.11478 of 2021(5) dt.21-12-2021 4/4 released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bahadurpur (Fekla OP) P.S. Case No.337/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/-
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