Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5705 of 2022 Arising Out of PS. Case No.-152 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

SUNIL YADAV SON OF RAM BABU YADAV R/O VILLAGE- KALDI, P.S.- PARASBIGHA, DISTRICT- JEHANABAD 2.

DINESH YADAV SON OF BHOLA YADAV R/O VILLAGE- KALDI, P.S.- PARASBIGHA, DISTRICT- JEHANABAD 3.

AWADHESH YADAV SON OF BHOLA YADAV R/O VILLAGE- KALDI, P.S.- PARASBIGHA, DISTRICT- JEHANABAD 4.

SHANAT YADAV SON OF RAM KHELAWAN YADAV R/O VILLAGEKALDI, P.S.- PARASBIGHA, DISTRICT- JEHANABAD ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha, Adv.

For the Opposite Party/s:

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

At the outset, learned counsel for the petitioners has submitted that the petitioner nos. 1,3 and 4 have been arrested during the pendency of this anticipatory bail petition. He therefore, seeks permission to withdraw the anticipatory bail petition in respect of petitioner nos. 1, 3 and 4.

Patna High Court CR. MISC. No.5705 of 2022(2) dt.23-08-2022 2/3 In view of the aforesaid submission, the anticipatory bail petition in respect of petitioner Nos. 1,3 and 4 is dismissed as withdrawn as having become infructuous.

The petitioner No. 2 apprehends his arrest in connection with Parasbigha P.S. Case No. 152 of 2018, registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.

As per allegation, elder brother of the informant namely Umesh Kumar, asked co-accused Sunil Yadav as to why was he raising hue and cry. The accused persons badly assaulted the informant and his brother.

Learned counsel for the petitioner has submitted that one injury suffered by Umesh Kumar was grievous in nature which is on the right hand but it is not specifically attributed to any of the accused persons rather it is general and omnibus. The petitioner N. 2 is a person of clean antecedent. Considering the above-mentioned facts and circumstances as well as the clean antecedent, let the petitioner No. 2, in the event of his arrest or surrender within four weeks before the learned court below, be released 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 learned Chief Judicial

Patna High Court CR. MISC. No.5705 of 2022(2) dt.23-08-2022 3/3 Magistrate, Jehanabad in connection with Parasbigha P.S. Case No. 152 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T