Komal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18148 of 2021 Arising Out of PS. Case No.-501 Year-2020 Thana- FATUA District- Patna ====================================================== 1.

Komal Yadav Son Of Chandra Yadav R/O Village- Maksudpur, P.S.- Fatuha, District- Patna.

2.

Bablu Yadav Son Of Jay Pravesh Yadav R/O Village- Maksudpur, P.S.- Fatuha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 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 defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Fatuha P.S. case No.501 of 2020 registered under Sections 341, 323, 427, 308, 504, 34 of the Indian Penal

Patna High Court CR. MISC. No.18148 of 2021(2) dt.14-02-2022 2/3 Code.

Allegation is that the petitioners came at the shop of the informant and demanded Rs.500/- and when the informant refused to give the money, they assaulted him with iron rod, due to which the informant sustained injury.

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. It has further been submitted that no injury is said to have been caused to anyone in course of occurrence. There is no injury report of any victim on record to show that any offence under Section 308 of I.P.C. is made out. Except for offence under Section 308 of I.P.C., rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/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

Patna High Court CR. MISC. No.18148 of 2021(2) dt.14-02-2022 3/3 that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, 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 their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Fatuha P.S. case No.501/2020, 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) 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) Narendra/- U T