Indradev Yadav @ Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7458 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- ANTI District- Gaya ====================================================== 1.

Indradev Yadav @ Indradeo Yadav S/O Nageshwar Yadav Resident Of Village- Ghunghi Math., P.S.- Anti, District- Gaya. 2.

Indal Yadav S/O Nageshwar Yadav Resident Of Village- Ghunghi Math., P.S.- Anti, District- Gaya.

3.

Anandi Yadav S/O Nageshwar Yadav Resident Of Village- Ghunghi Math., P.S.- Anti, District- Gaya.

4.

Anil Yadav @ Anil Kumar S/O Indradeo Yadav @ Indradev Yadav Resident Of Village- Ghunghi Math., P.S.- Anti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw the pre-arrest bail petition with regard to petitioner nos.3 and 4.

This bail petition for the petitioner nos.3 and 4 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1 and 2 and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 307, 323, 325, 504, 506, 147, 148, 149 of the Indian Penal Code.

It is alleged that on the date and time of occurrence all the FIR named accused persons including these petitioners

Patna High Court CR. MISC. No.7458 of 2023(2) dt.18-04-2023 2/2 assaulted the informant with the intention to kill him. Learned counsel for the petitioner nos 1 and 2 submits that the petitioner nos 1 and 2 are innocent and have falsely been implicated in this case. There is a case and a counter case in which both sides sustained injuries. Specific allegation of assault is against co-accused Mahesh Yadav and Anil Yadav. There is general and omnibus allegation against petitioner nos 1 and 2 and no overt act is alleged against them. Petitioners claim clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner nos 1 and 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M, Gaya, in Anti P.S. Case No. 41 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T