Patna High Court - Orders
Jitendar Yadav vs The State Of Bihar on 6 August, 2021
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3939 of 2021
Arising Out of PS. Case No.-65 Year-2020 Thana- JIRADEI District- Siwan
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1. JITENDAR YADAV, S/o- Late Nathuni Yadav R/o Village- Pathardei, P.S.-
Jeeradei, District- Siwan.
2. Sudama Chaudhary S/o- Late Jagarnath Chaudhary R/o Village- Pathardei,
P.S.- Jeeradei, District- Siwan.
3. Shailendar Yadav @ Tuna Yadav @ Tuna S/o - Late Nathuni Yadav R/o
Village- Pathardei, P.S.- Jeeradei, District- Siwan.
4. Harikesh Yadav @ Harkesh Kumar Yadav S/o- Brijnath Yadav R/o Village-
Pathardei, P.S.- Jeeradei, District- Siwan.
5. Devendra Yadav S/o Paras Yadav R/o Village- Pathardei, P.S.- Jeeradei,
District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Pandey
For the Opposite Party/s : Mr.Arun Kumar Pandey
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 06-08-2021Head Mr. Ajay Kumar Pandey, learned advocate for the petitioners and Mr. Arun Kumar Pandey, learned APP for the State.
Permission is sought to withdraw this application with respect to petitioner no. 3, as he has been arrested.
The application with respect to petitioner no. 3 is dismissed as withdrawn.
Patna High Court CR. MISC. No.3939 of 2021(2) dt.06-08-2021 2/4 The petitioner nos. 1, 2, 4 and 5 seek bail in anticipation of their arrest in connection with Jeeradei P. S. Case No. 65 of 2020, dated 06.07.2020, instituted for the offences under Sections 147, 341, 323, 504, 332, 333, 336, 337 and 353 of the Indian Penal Code.
The accusation in the F.I.R. is that the petitioners and several others manhandled the police personnel when they had come to the village of the petitioners for inquiring about a case, namely, Jeeradei P. S. Case No. 64 of 2020.
The learned advocate for the afore-noted petitioners has submitted that there was a dispute with respect to construction of a road. One Rambilas Chaudhary was instrumental in getting a road constructed through the plot of land belonging to the petitioners. A serious objection was raised by the petitioners, which led to the police personnel coming to the village to inquire into the matter. It was during this period that the afore-mentioned occurrence is said to Patna High Court CR. MISC. No.3939 of 2021(2) dt.06-08-2021 3/4 have taken place.
The accusations are absolutely general and omnibus and the implication of the petitioners is at the instance of Rambilas Chaudhary.
One of the petitioners, namely, petitioner no. 2 is 70 years old and is suffering from several diseases.
So far as the other petitioners are concerned, there is no specific accusation against them.
Nobody has received any grievous or life threatening injuries; rather the injuries suffered by all the victims are of very superficial nature.
Regard being had to the aforesaid background facts, the petitioner nos. 1, 2, 4 and 5 are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Patna High Court CR. MISC. No.3939 of 2021(2) dt.06-08-2021 4/4 A.C.J.M. 1st, Siwan, in connection with Jeeradei P. S. Case No. 65 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands disposed off accordingly.
(Ashutosh Kumar, J) skm/-
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