Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9293 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Mahendra Yadav Son of Kashi Yadav Resident of Village- Sinduara, P.S.- Madanpur, District- Aurangabad (Bihar) 2.

Viswanath Yadav Son of Mahendra Yadav Resident of Village- Sinduara, P.S.- Madanpur, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Leelawati Kumari For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Madanpur P.S. Case no. 108 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 504, 354(A), 379, 448, 427, 325, 307 of the Indian Penal Code and sections 3, 4, 5 of the Prevention of Witches Practice Act 1999. Learned counsel for the petitioners has submitted that the petitioners are accused in two cases i.e. Madanpur P.S. Case No. 108 of 2020 and Madanpur P.S. Case No. 111 of 2020 and the earlier bail application filed before this Court vide order dated 27.09.2021 in Cr.Misc. No. 38947 of 2021 was withdrawn due to inadvertence on the ground that the petitioners have been

Patna High Court CR. MISC. No.9293 of 2022(2) dt.11-08-2022 2/2 arrested during pendency of the application. As a matter of fact, the petitioners were arrested in connection with Madanpur P.S. Case No. 111 of 2020 and they were never remanded in the present case i.e. Madanpur P.S. Case No. 108 of 2020 and they have already been released in the said case by the learned court below itself.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Madanpur P.S. Case no. 108 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U