Patna High Court - Orders
Dhirendra Yadav @ Dhirendra Kumar Yadav ... vs The State Of Bihar on 24 July, 2020
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
CRIMINAL MISCELLANEOUS No.17552 of 2020
1. Dhirendra Yadav @ Dhirendra Kumar Yadav @ Dilip Yadav son of Naresh
Yadav
2. Jai Krishna Yadav @ Jai Krishna Kumar son of Naresh Yadav
3. Naresh Yadav son of Late Baijnath Yadav
all R/o village- Sabaila, P.S.- Saur Bazar (Baijnathpur), District- Saharsa
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 24-07-2020Heard learned counsel for the petitioners and Mr. Pramod Kumar Pandey, learned APP for the State.
Petitioners in the present case are seeking pre-arrest bail in connection with Sour Bazar P.S. Case No. 375 of 2019 registered for the offences punishable under Sections 341, 323, 379, 384, 427, 447, 504, 506/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the present case has been lodged as a counter blast to Sour Bazar P.S. Case No. 54 of 2019 dated 18.02.2019 lodged by petitioner no. 1 against the informant's side of this case. Learned counsel submits that from the earlier case lodged by petitioner no. 1 (Annexure '2') it would appear that he was brutally assaulted by the informant's side and had made his fardbeyan lying in the hospital. It is further submitted that in the present FIR also though the allegations have been made that these petitioners had gone at the house of the Patna High Court CR. MISC. No.17552 of 2020(2) dt.24-07-2020 2/3 informant lashed with spade, dabia and khanti and had abused the informant's side as also with an intention to kill petitioner no. 1 pressed the neck of the informant but the fact remains that no injury has been alleged and no assault by any weapon has been attributed to these petitioners.
Learned APP for the State has though opposed the prayer for anticipatory bail of the petitioners but considering the facts and circumstances of the case the fact that the parties are having a land dispute and the petitioner no. 1 had lodged one case earlier against the son of the present informant for the offences alleged under various provisions of the penal code including Section 307 IPC and in the present FIR no assault on person has been attributed causing any injury to the informant, let the petitioners above named in the event of their arrest or surrender within a period of six weeks from today in connection with Sour Bazar P.S. Case No. 375 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from Patna High Court CR. MISC. No.17552 of 2020(2) dt.24-07-2020 3/3 disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court.
The application is allowed.
(Rajeev Ranjan Prasad, J) avin/sushma-
U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.