Rahul Yadav @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16735 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== 1.

RAHUL YADAV @ RAHUL KUMAR S/o Becha Yadav 2.

Jay Shankar Yadav @ Jay Shankar Kumar S/o Shiv Kumar Yadav Both R/o Village- Sisba Barhi, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 448, 341, 323, 324, 307, 379, 427, 504/34 of IPC.

Petitioner No.1-Rahul Yadav @ Rahul Kumar is carrying allegation of commission of assault at the head. Hence, I am not inclined to enlarge him on anticipatory bail for the reason that he had knowledge that his act might cause death. Petitioner No.1-Rahul Yadav @ Rahul Kumar is directed to surrender and pray for regular bail within two weeks. Petitioner No.2- Jay Shankar Yadav @ Shankar

Patna High Court CR. MISC. No.16735 of 2021(2) dt.23-11-2021 2/2 Kumar does not bear such allegation and he has got no criminal antecedent. There is case and counter case.

Hence, let petitioner No.2, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Phulparas P.S.Case No.257 of 2020 corresponding to G.R.No.952 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) Petitioner No.2 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of petitioner No.2. (c) Petitioner No.2 shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T