Allowed

Ramshohaban Yadav v. The State of Bihar

Patna HC5 Dec 2022CR. MISC./14121/2022

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioners falsely implicated in an FIR for offences under IPC and Arms Act, subject to furnishing sureties and removal of defects within three weeks.

What did the court decide?

Petitioners enlarged on bail upon surrender/arrest within six weeks, furnishing bond of Rs. 25,000 and two sureties, provided defects are removed within three weeks.

Ramshohaban Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14121 of 2022

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Arising Out of PS. Case No.-215 Year-2021 Thana- BIHAR District- Nalanda

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======================================================

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Ramshohaban Yadav S/O Late Shyam Kishor Prasad R/O VillageNakatpura, P.S.- Bihar, District- Nalanda

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Raju Kumar S/O Ramsohavan Prasad @ Ramsohavan Yadav R/O VillageNakatpura, P.S.- Bihar, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad, Adv. For the Opposite Party/s : Mr. Rajendra Nath Jha, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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3 05-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 504, 506, 307, 387 and 34 of the Indian Penal Code and

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Patna High Court CR. MISC. No.14121 of 2022(3) dt.05-12-2022 2/3

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Section 27 of Arms Act.

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Petitioners along with other co-accused persons are said to have came along with country made pistol, rifle, lathi, bhala and iron rod and gave threatening for killing and abused the informant side. On protest all of them assaulted the informant on his head due to which, he received head injury.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. Both parties are agnate. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

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Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case injury found upon the victim is simple in nature, let the above named petitioners in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) each two sureties of the like amount each to the satisfaction of the learned court below where

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Patna High Court CR. MISC. No.14121 of 2022(3) dt.05-12-2022 3/3

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the case is pending/successor court in connection with Bihar P.S. Case No. 215 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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guddukr/- U T

Ramshohaban Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramshohaban Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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