Tarun Kumar Yadav vs The State Of Bihar
2021 Latest Caselaw 3659 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 37738 of 2020
      Arising Out of PS. Case No.-275 Year-2019 Thana- SINGHESHWAR District- Madhepura
     ======================================================

1. Tarun Kumar Yadav, aged about 35 years, Male Son of Surya Narain Yadav @ Surya Na. Yadav.

2. Surya Narain Yadav @ Surya Na. Yadav, aged about 79 years, Male Son of Late Shanti Yadav.

Both are resident of Village- Patori, Ward No. 06, PS- Singheshwar, District- Madhepura.

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

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

     For the Petitioner/s   :        Mr. Maya Shankar Mishra, Advocate
     For the State          :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Maya Shankar Mishra, learned counsel for

the petitioners and Mr. Md. Arif, learned Additional Public

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

3. The petitioners apprehend arrest in connection with

Singheshwar PS Case No. 275 of 2019 dated 01.12.2019,

instituted under Sections 147, 341, 323, 307, 379, 354B, 427, 504

and 506 of the Indian Penal Code.

4. The allegation against the petitioners and others is of

assault by various weapons including lathi, iron rod, dabiya,

khanti and also firearms and specifically against petitioner no. 1 is Patna High Court CR. MISC. No.37738 of 2020 dt.23-07-2021

of pointing a gun and threatening the informant side and against

petitioner no. 2, of assault on head with iron rod on Chandan

Mehta.

5. Learned counsel for the petitioners submitted that the

allegations, besides being general and omnibus are also not

correct. It was submitted that as per the FIR itself, the dispute

related to the goat of co-accused Bindeshwari Yadav grazing the

cauliflower crop in the field of the informant. Learned counsel

submitted that the nephew of the informant Chandan Mehta was

examined and one cut mark on the right hand was found. It was

further submitted that the injury report of Chandan Mehta

discloses that the same was simple in nature caused by hard and

blunt substance. Learned counsel submitted that on facts also, the

petitioner no. 2 is aged about 79 years and, thus, it cannot be

expected that he would assault in the manner alleged in the FIR.

He submitted that the petitioners have no other criminal

antecedent. Learned counsel submitted that co-accused

Bindeshwari Yadav @ Bindyeshwari Yadav and Ramchandra

Yadav, against whom also there is allegation of direct overt act by

sharp cutting weapon, have been granted anticipatory bail by order

dated 13.08.2020 passed in Cr. Misc. No. 18313 of 2020.

Patna High Court CR. MISC. No.37738 of 2020 dt.23-07-2021

6. Learned APP submitted that as per the allegation, the

petitioner no. 1 had threatened the informant side by pointing

firearm and the petitioner no. 2 had assaulted the nephew of the

informant by iron rod on the head.

7. 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 Chief Judicial Magistrate, Madhepura in Singheshwar PS

Case No. 275 of 2019, subject to the conditions laid down in

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

further, 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 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.

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

violation of the foregoing conditions of bail by the petitioners, to Patna High Court CR. MISC. No.37738 of 2020 dt.23-07-2021

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

9. The petition stands disposed off in the aforementioned

terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T