Petitioners seeking anticipatory bail in case involving alleged assault and use of weapons were granted varying relief; one petitioner denied bail and others directed to surrender on bond.
Prayer of one petitioner (Pramod Yadav) rejected; others directed to surrender ASAP on furnishing bail bond of Rs. 10,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25602 of 2019
Arising Out of PS. Case No.-342 Year-2018 Thana- RAJAON District- Banka
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 26-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Rajoun P.S. Case No. 342 of 2018 registered for the offence punishable under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
Petitioners are said to have descended at the field of the informant armed with weapons and prohibited him from planting the seedling and started slating him. On forbading
Patna High Court CR. MISC. No.25602 of 2019(2) dt.26-04-2019 2/3
them, petitioner Subodh Yadav assaulted on the head of Sandeep Kumar by means of farsa, petitioner Pramod Yadav assaulted on the head of Maheswari Sah by means of lathi while petitioner Nikhil Yadav resorted firing by three nut which did not hit anyone.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute and animosity. No overt act has been attributed to the petitioner no. 3 Anirudh Yadav and petitioner no. 4 Rupesh Yadav. Though, the petitioner Subodh Yadav is said to have assaulted on the head of Sandeep Kumar by means of farsa, but doctor has found the aforesaid injury as simple in nature and no one has sustained firearm injury. Petitioners have no criminal antecedent.
On the other hand, learned APP for the State opposing the bail prayer of the petitioners submitted that injury inflicted on the head of Maheswari Sah by the petitioner Pramod Yadav has been found by the doctor as grievous in nature as evident from the impugned order.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioner no. 2 (Pramod Yadav @
Patna High Court CR. MISC. No.25602 of 2019(2) dt.26-04-2019 3/3
Pramod Kumar) on anticipatory bail. Accordingly, his prayer is rejected and he is directed to surrender before the learned court below within six weeks and seeks regular bail.
So far as the petitioner nos. 1, 3, 4 and 5 are concerned, they are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Rajoun P.S. Case No. 342 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
3 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC?
Whether part of the petitioners deserves refusal of bail due to nature of injury caused?
Whether the conditions of bail can be imposed for release ASAP?
1 provisions across 1 enactments
Subodh Yadav
Pramod Yadav
Anirudh Yadav
Rupesh Yadav
Nikhil Yadav
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
