Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7969 of 2022 Arising Out of PS. Case No.-167 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

NIRANJAN YADAV SON OF RAM PRAVESH YADAV RESIDENT OF VILLAGE- KEWATGAMA, POLICE STATION- KUSHESWAR ASTHAN, DISTRICT- DARBHANGA 2.

BIPIN YADAV SON OF RAM PRAVESH YADAV RESIDENT OF VILLAGE- KEWATGAMA, POLICE STATION- KUSHESWAR ASTHAN, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 324, 379, 427, 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.7969 of 2022(2) dt.01-08-2022 2/3 Allegedly, the FIR named accused persons including the petitioners armed variously came to the house of the informant and started to assault the cattle and on protest, with an intention to kill assaulted the informant and his brother and nephew.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land dispute and enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the injuries are simple in nature, which is evident from the impugned order. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.7969 of 2022(2) dt.01-08-2022 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kusheswar Asthan P.S. Case No.167 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T