Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8723 of 2022 Arising Out of PS. Case No.-326 Year-2021 Thana- TEKARI District- Gaya ====================================================== 1.
BIRENDRA YADAV S/o Ramavtar Yadav Resident of Village- Sohar Bigha, P.S.- Tekari (Panchanpur O.P.), District- Gaya. 2.
Kamlesh Yadav S/o Dwarika Yadav Resident of Village- Sohar Bigha, P.S.- Tekari (Panchanpur O.P.), District- Gaya.
3.
Lalan Yadav S/o Badhan Yadav @ Dularchan Yadav Resident of VillageSohar Bigha, P.S.- Tekari (Panchanpur O.P.), District- Gaya. 4.
Sindhu Kumar @ Gora Yadav S/o Badhan Yadav @ Dularchand Yadav Resident of Village- Sohar Bigha, P.S.- Tekari (Panchanpur O.P.), DistrictGaya. 5.
Awadhesh Yadav S/o Dwarika Yadav Resident of Village- Sohar Bigha, P.S.- Tekari (Panchanpur O.P.), District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2022 Heard learned counsel for the petitioners and learned APP 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. Learned counsel for the petitioners seek permission to withdraw this application as against petitioner no.3, as he has been apprehended by the police during pendency of this
Patna High Court CR. MISC. No.8723 of 2022(3) dt.16-08-2022 2/3 application.
Permission is granted.
Accordingly, the instant application as against petitioner no.3 is dismissed as withdrawn.
Now, this application is being heard with regard to petitioner nos. 1, 2, 4 and 5 only.
Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 307, 353, 504, 506, 431 of the Indian Penal Code and 3⁄4 of Damage Property Act.
Allegedly, due to the death of a child in a pond 200-300 villagers armed with weapons assembled and abused and attacked the police force and blocked the road. Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The petitioners were identified by a local chaukidar. There is no independent witness to support the prosecution case. Petitioners have no criminal antecedent, as
Patna High Court CR. MISC. No.8723 of 2022(3) dt.16-08-2022 3/3 also mentioned in para-3 of the bail application. Considering the aforesaid facts and circumstances, since there is no specific overt act against the petitioners, let the petitioner nos.1, 2, 4 and 5, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Tekari (Panchanpur O.P.) P.S Case No.326 of 2021, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T