Shravan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13911 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== 1.

SHRAVAN YADAV Son of Sri Shivnandan Yadav Resident of Village -Bhikhnauli, P.S- Biraul, Dist.- Darbhanga.

2.

Kashi Ram Yadav Son of Sri Shivnandan Yadav Resident of Village - Bhikhnauli, P.S- Biraul, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2020 Due to 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.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 427 and 504 of the Indian Penal Code.

The prosecution case, in short, is that when the informant objected for cutting the soil from his field, the accused persons assaulted him due to which he sustained injury.

Patna High Court CR. MISC. No.13911 of 2020(2) dt.03-07-2020 2/3 It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Biraul P.S. Case No. 139/19, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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 seven weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.13911 of 2020(2) dt.03-07-2020 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T