Bijili Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15779 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Bijili Yadav S/O Late Rameshwar Yadav R/O Village-Sarai, P.S.- WARISALIGANJ, District-Nawada 2.
Sakal Yadav S/O Late Parmeshwar Yadav R/O Village-Sarai, P.S.- WARISALIGANJ, District-Nawada 3.
Ravi Yadav S/O Sakal Yadav R/O Village-Sarai, P.S.-WARISALIGANJ, District-Nawada 4.
Yogi Yadav S/O Bijili Yadav R/O Village-Sarai, P.S.-WARISALIGANJ, District-Nawada 5.
Chhote Yadav S/O Bijili Yadav R/O Village-Sarai, P.S.-WARISALIGANJ, District-Nawada 6.
Rajendra Yadav S/O Late Rameshwar Yadav R/O Village-Sarai, P.S.- WARISALIGANJ, District-Nawada ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
Patna High Court CR. MISC. No.15779 of 2021(2) dt.10-02-2022 2/3 The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 325, 379, 504 and 34 of the Indian Penal Code.
The prosecution allegation, in short, is that the accused persons including the petitioner nos. 1, 2 and 4 assaulted the informant due to which he sustained injury. The accused persons also took Rs. 35,000/- from the pocket from the informant. 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. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. Annexure-2 is the counter case instituted by the petitioners' side against the informant.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen
Patna High Court CR. MISC. No.15779 of 2021(2) dt.10-02-2022 3/3 due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, 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 their personal bonds to the satisfaction of learned A.C.J.M.- II, Nawada in connection with Warisaliganj P.S. Case No. 234 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T