Pappu Yadav @ Pappu Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3364 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- NARPATGANJ District- Araria ======================================================

1. Pappu Yadav @ Pappu Kumar Yadav aged about 35 years (Male) S/o Inardev Yadav

2. Mukesh Yadav @ Mukesh Kumar aged about 30 years (Male) S/o Inardev Yadav

3. Rupesh Yadav @ Rupesh Kumar aged about 23 years (Male) S/o Inardev Yadav

4. Janardan Yadav aged about 60 years (Male) S/o late Turay Yadav

5. Dhiraj Yadav @ Dhiraj Kumar Yadav aged about 32 years (Male) So Janardan Yadav

6. Bhirkhu @ Bhitkha Yadav @ Niraj Yadav @ Niraj Kumar Yadav aged about 25 years (Male) S/o Janardan Yadav

7. Inardev Yadav aged about 70 years (Male) S/o Late Mangan Yadav, all are Resident of Village- Gorraha Bisanpur, Tola Gadgama, Ward No. 2, P.S. Narpatganj, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 307/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and his sons by means of lathi, farsa, sword, due to which they sustained injuries. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.3364 of 2019(2) dt.29-01-2019 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Narpatganj P.S. case No.2 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T