Lalbabu Yadav vs The State Of Bihar on 28 September, 2022

[Cites 12, Cited by 0]

Patna High Court - Orders

Lalbabu Yadav vs The State Of Bihar on 28 September, 2022

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36233 of 2022
                  Arising Out of PS. Case No.-327 Year-2021 Thana- JOGAPATTI District- West Champaran
                 ======================================================
           1.     LALBABU YADAV SON OF DHORA YADAV R/O- SAKWALAPUR,
                  P.S.- YOGAPATTI, DIST.- WEST CHAMPARAN
           2.    DHORA YADAV SON OF LATE PARAS YADAV R/O- SAKWALAPUR,
                 P.S.- YOGAPATTI, DIST.- WEST CHAMPARAN

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey, Adv.
                 For the Opposite Party/s :       Mrs.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   28-09-2022

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 448, 307, 379, 504, 506 of the IPC.

Allegedly, petitioner no.1 is said to have assaulted the cousin of the informant by means of lathi on the right arm and petitioner no.2 has assaulted Laljee Yadav (informant's uncle) by means of farsa on his head.

It is submitted by learned counsel for the petitioners that Patna High Court CR. MISC. No.36233 of 2022(2) dt.28-09-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Allegation leveled against the petitioners is general and omnibus in nature. Petitioners have no criminal antecedent. The injury report (Annexure-2 series) suggests that the injuries are simple in nature. It is further submitted that the parties are agnates and there is an admitted land dispute between them.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be 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 Yogapatti (Nawalpur) P.S. Case No.327 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/-

U       T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders