Anand Yadav vs The State Of Bihar
2021 Latest Caselaw 2951 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 36642 of 2020
            Arising Out of PS Case No.-25 Year-2020 Thana- VIJAIPUR District- Gopalganj
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1. Anand Yadav, Male, aged about 25 years, Son of Birendra Yadav, Resident of village- Vijaipur, PS- Vijaipur, District- Gopalganj.

2. Hare Ram Yadav, Male, aged about 30 years, Son of Suresh Yadav, Resident of village- Kawe, PS- Bhore, District- Gopalganj.

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

... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s     :        Mr. Vyas Kumar Mishra, Advocate
      For the State            :        Mr. Amit Kumar, APP
      For the Informant        :        Mr. Sumit Shekhar Pandey, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Vyas Kumar Mishra, learned counsel for

the petitioners; Mr. Amitesh Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Sumit Shekhar Pandey, learned counsel for the informant.

3. The petitioners apprehend arrest in connection with

Vijaipur PS Case No. 25 of 2020 dated 06.02.2020, instituted

under Sections 341, 323, 324, 307, 385, 504 and 506/34 of the

Indian Penal Code.

4. The allegation against the petitioners and others is of

demanding extortion money for digging their land and also of Patna High Court CR. MISC. No.36642 of 2020 dt.02-07-2021

having attacked them being variously armed and specifically

against the petitioners is that they had assaulted Vishal Yadav, who

was the son of the informant with bhala and farsa.

5. Learned counsel for the petitioners submitted that the

parties are agnates and, thus, the allegation of demanding

extortion is absolutely false and unbelievable. It was submitted

that there was land dispute and even if the version in the FIR is

accepted, the injury report of Vishal discloses only abrasion on

scalp, bruise on left side of back and abrasion on left knee, which

is said to have been caused by hard blunt substance and were

simple in nature, which can be seen from the copy of the injury

report which has been brought on record. It was submitted that the

mother of petitioner no. 1 has filed Vijaipur PS Case No. 25 of

2020, for the same incident and there have been injuries on the

side of the petitioners also. Learned counsel submitted that the

petitioners have no criminal antecedent.

6. Learned APP submitted that the allegation against the

petitioners is of assault on the head on the son of the informant by

bhala and farsa. However, in view of copy of the injury report

having been brought on record of the son of the informant, it was

not controverted that the injury was abrasion on scalp and bruise Patna High Court CR. MISC. No.36642 of 2020 dt.02-07-2021

on left side of back and knee, being simple in nature caused by

hard blunt substance.

7. Learned counsel for the informant submitted that

there was attack on the head by the petitioners by dangerous

weapon and further that the petitioners have been threatening the

informant and his family members with dire consequences.

However, he also could not controvert that the doctor has found

only abrasion on the scalp, back and knee and the same is said to

have been caused by hard blunt substance and simple in nature.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Judicial Magistrate, 1st Class, Gopalganj in Vijaipur PS

Case No. 25 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioners, (ii) that the petitioners and the bailors shall execute

bond and give undertaking with regard to good behaviour of the

petitioners and (iii) that the petitioners shall co-operate with the Patna High Court CR. MISC. No.36642 of 2020 dt.02-07-2021

police/prosecution and the Court. Any violation of the terms and

conditions of the bonds or the undertaking or failure to co-operate

shall lead to cancellation of their bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T