Niraj Yadav @ Niraj Kr Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16150 of 2021 Arising Out of PS. Case No.-297 Year-2020 Thana- MANJHI District- Saran ====================================================== 1.

Niraj Yadav @ Niraj Kr. Yadav, male, aged about 22 years, S/O Ghura Yadav R/O Village - Manjhi Dakshin Tola, P.S. Manjhi, District - Saran. 2.

Pintu Yadav @ Pintu Kumar Yadav, male, aged about 28 years, S/O Ramashish Yadav R/O Village - Manjhi Dakshin Tola, P.S. Manjhi, District - Saran.

3.

Amarjit Yadav, male, aged about 29 years, S/O Ramashish Yadav R/O Village - Manjhi Dakshin Tola, P.S. Manjhi, District - Saran. 4.

Mintu Yadav, male, aged about 26 years, S/o Ramashish Yadav R/O Village - Manjhi Dakshin Tola, P.S. Manjhi, District - Saran. 5.

Ghura Yadav @ Ghura @ Jitendra Yadav, male, aged about 30 years, S/O Ramashish Yadav R/O Village - Manjhi Dakshin Tola, P.S. Manjhi, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2022 Heard Mr. Anant Kumar Bhaskar, learned Advocate for the petitioners and Mr. Pushpa Sinha learned APP. Mr. Anant Kumar Bhaskar, learned advocate for the petitioners, seeks permission to withdraw the application with respect to petitioner no.1 who was arrested during pendency of this petition but was granted bail by the court below.

Accordingly, his application is dismissed as

Patna High Court CR. MISC. No.16150 of 2021(2) dt.04-03-2022 2/3 having become infructuous.

The petitioner nos. 2 to 5 seek bail in anticipation of their arrest in connection with Manjhi P.S. Case No. 297 of 2020 dated 05.10.2020 instituted for the offences under Sections 147, 149, 323, 507, 307 of the Indian Penal Code and Section 3⁄4 of the Dayan Act.

The specific accusation is against one Niraj Yadav whose application has been withdrawn and one Dhiraj Yadav who is a minor.

So far as the petitioner nos. 2 to 5 are concerned, the allegation against them of assaulting the family members of the Informant on the charge of the Informant practicing sorcery is absolutely general and omnibus. The injuries suffered by the victims has been reported to be simple in nature.

Learned counsel for the petitioners has drawn attention of this Court towards the fact that the petitioner nos. 2 to 5 are the relatives to the Informant. The Informant is the distant sister-in-law of the petitioners. The parties hail from the family of two brothers, namely, late Lakhichand and late Sakhichand respectively. Because of the family

Patna High Court CR. MISC. No.16150 of 2021(2) dt.04-03-2022 3/3 dispute, the occurrence has taken place but the allegations against the petitioners are overtly exaggerated. Considering the aforenoted submissions on behalf of the petitioner nos. 2 to 5, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIII, Saran at Chapra in connection with Manjhi P.S. Case No. 297 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) rishi/- U T