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Patna High CourtCR. MISC./17212/2021bail granted

Siya Ram Yadav v. The State Of Bihar

2022-03-07Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17212 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- ANTI District- Gaya ====================================================== 1.

Siya Ram Yadav Son Of Late Ramotar Yadav Resident Of VillageHasanpur, P.S- Anti, Dist- Gaya 2.

Vijay Yadav Son Of Siya Ram Yadav Resident Of Village- Hasanpur, P.SAnti, Dist- Gaya 3.

Satyendra Yadav Son Of Siya Ram Yadav Resident Of Village- Hasanpur, P.S- Anti, Dist- Gaya 4.

Arjun Yadav Son Of Late Ramlakahn Resident Of Village- Hasanpur, P.SAnti, Dist- Gaya 5.

Alok Kumar @ Loknath Yadav Son Of Arjun Yadav Resident Of VillageHasanpur, P.S- Anti, Dist- Gaya 6.

Shankar Kumar @ Shankar Kumar Yadav Son Of Avdhesh Yadav Resident Of Village- Hasanpur, P.S- Anti, Dist- Gaya 7.

Teni Yadav @ Satyanand Kumar Son Of Ram Bilash Yadav Resident Of Village- Hasanpur, P.S- Anti, Dist- Gaya 8.

Dharmendra Kumar Son Of Late Ram Lakhan Yadav Resident Of VillageHasanpur, P.S- Anti, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 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 eight weeks.

A supplementary affidavit has been filed on behalf of

Patna High Court CR. MISC. No.17212 of 2021(2) dt.07-03-2022 2/3 the petitioners. Same be kept on the record.

In the light of the supplementary affidavit, learned counsel for the petitioners is permitted to make necessary correction in paragraph 3 of the main bail application in course of the day.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 307, 354, 506, 448/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant and his family members by lathi, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioner Nos.1 to 3 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. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. Prosecution has not come with clean hands. The alleged occurrence is said to have taken place due to land dispute between the parties.

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.17212 of 2021(2) dt.07-03-2022 3/3 petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VII, Gaya in connection with Anti P.S. case No.14/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T