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Patna High CourtCR. MISC./5066/2022disposed

Amar Nath Yadav @ Amarnath Yadav @ Am Nath Yadav v. The State Of Bihar

2022-08-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5066 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== 1.

AMAR NATH YADAV @ AMARNATH YADAV @ AM NATH YADAV Son of Lakshmi Yadav Resident of Village - Bathne, P.S. - Pandaul, District - Madhubani.

2.

Shivjee Yadav Son of Late Musafir Yadav Resident of Village - Bathne, P.S. - Pandaul, District - Madhubani.

3.

Sudhir Yadav Son of Shiv Shankar Yadav Resident of Village - Bathne, P.S. - Pandaul, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Ms.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.3 Permission is accorded.

The petitioner nos. 1 and 2 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent allegation is of

Patna High Court CR. MISC. No.5066 of 2022(2) dt.18-08-2022 2/3 assaulting the informant by Sudhir Yadav in an intoxicated condition by sword causing grievous injury on his head. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that allegation of assault is specific against Sudhir Yadav and as far as petitioner nos. 1 and 2 are concerned, the allegations against them are general and omnibus in nature and it is submitted that on account of land dispute, the present occurrence took place. Learned counsel further submits that from the side of the petitioners also Pandaul P.S. Case No. 187 of 2021 has been instituted in which Sudhir was also assaulted and had received grievous injury who was petitioner no. 3 in the present case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1 and 2, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.5066 of 2022(2) dt.18-08-2022 3/3 the case is pending/successor court in connection with Pandaul P.S. Case No. 184 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T