Patna High Court – Orders
Amarjeet Yadav @ Amarjeet Kumar vs The State Of Bihar on 20 December, 2024
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87973 of 2024
Arising Out of PS. Case No.-50 Year-2024 Thana- SIRISIYA District- West Champaran
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1. Amarjeet Yadav @ Amarjeet Kumar son of Kanhaiya Yadav R/o Village-
Garbhua, ps- Sirisiya, Dist- West champaran
2. Balindra Yadav Son of Kodai Yadav R/o Village- Garbhua, ps- Sirisiya,
Dist- West champaran
3. Pappu Kumar Yadav @ Pappu Yadav Son of Laxman Yadav R/o Village-
Garbhua, ps- Sirisiya, Dist- West champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Adv.
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 20-12-2024
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Sirisiya P.S. Case No. 50 of 2024 dated 30.06.2024, instituted
for the offence punishable under Sections 341,323, 324, 325,
384, 307, 379, 504, 506 and 447/34 of the Indian Penal Code.
3. Petitioners along with other accused persons are
said to have assaulted the informant and his family members
with farsa, iron rod, lathi and danda.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
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this case. It is submitted that there is specific allegation against
petitioner no.1 who assaulted with farsa on the head of Bharat
Yadav, the uncle of the informant, on account of which, he
sustained head injury. The petitioner no.2 is alleged to have
assaulted by means of farsa on the head of Munna Yadav, the
cousin brother of the informant. So far the petitioner no.3 is
concerned, he is alleged to have assaulted Laxman Yadav, the
father of the informant, on his leg by means of iron rod.
Referring to the injury report of injured Bharat Yadav, which is
annexed as Annexure-2 series, it is submitted that he has
received six injuries on his body and all injuries are simple in
nature. Injury no.1 caused by sharp object and injuries nos. 2,3,
4, 5 & 6 caused by hard and blunt object. So far injury report of
Munna Yadav is concerned, it reveals that one lacerated wound
over occipital region 3 cm x 0.5 cm was found on the person of
said Munna Yadav and he suffered pain tenderness, swelling and
redness over his right arm. The doctor opined that the injury no.
1 is simple in nature caused by hard & blunt object. Injury
report of Laxman Yadav reveals that lacerated wound over right
partial region 3 cm x 0.5 cm was found on the body of the said
injured and he also suffered back pain and left leg pain. The
doctor opined that injury no.3 is left leg pain. Injury report does
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not support the allegation. It is submitted that there is case and
counter case between the parties. Counter case has been lodged
by the petitioner no. 2, namely, Balendra Yadav bearing Sirisiya
P.S. Case No. 51 of 2024 dated 30-06-2024 under Sections
341,323, 324, 379, 504, 506 and 384/34 of the IPC against the
informant and others. There is land dispute between the parties.
FIR has been lodged against 11 accused persons including the
petitioners. Lastly, it has been submitted that three criminal
cases are pending against the petitioner no.1, one criminal case
is pending against petitioner no.2 whereas, two criminal cases
are pending against the petitioner no.3.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioners.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioners within a period
of six weeks from today, in connection with Sirisiya P.S. Case
No. 50 of 2024, they shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned C.J.M., Bettiah, Dist. West Champaran subject to
condition as laid down under Section 438(2) of the Cr.P.C and
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further (i) that the petitioners shall co-operate in the trial and
shall be properly represented on each and every date fixed by
the Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below, (ii) that one of the bailors will bet heir own blood
relation, preferably father, mother, brother, sister and or his
wife, (iii) that the bailors shall also state on affidavit that they
will inform the court concerned if the petitioners are made
accused in any other case of similar nature after their release in
the present case and thereafter the court below will be at liberty
to initiate the proceeding for cancellation of bail on ground of
misuse, and (iv) that if the petitioners tamper with the evidence
or the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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