Raj Kihore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14969 of 2021 Arising Out of PS. Case No.-245 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

RAJ KIHORE YADAV Son of Late Amal Yadav Resident of VillageDevapur, Asha Ravatke Tola, Police Station - Manjhagarh, District - Gopalganj.

2.

Dilip Kumar Yadav @ Dilip Yadav Son of Raj Kishore Yadav Resident of Village- Devapur, Asha Ravatke Tola, Police Station - Manjhagarh, District - Gopalganj.

3.

Manish Kumar @ Manish Yadav Son of Raj Kishore Yadav Resident of Village- Devapur, Asha Ravatke Tola, Police Station - Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that the accused persons, variously armed, assaulted the informant and family members due to which they sustained injuries.

Patna High Court CR. MISC. No.14969 of 2021(2) dt.24-02-2022 2/2 It has been submitted on behalf of the petitioners that 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. There is a case and counter case between the parties. A free fight is alleged to have taken place. Both the parties are co-villagers. Due to previous enmity, the alleged occurrence is said to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

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 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 245 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T