Dina Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19921 of 2021 Arising Out of PS. Case No.-335 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Dina Kumar S/O Ram Uday Yadav R/O Village-Nasratpur, P.SMakhadumpur, District-Jehanabad. 2.

Saurav Kumar S/O Ramchhapit Yadav R/O Village-Nasratpur, P.SMakhadumpur, District-Jehanabad. 3.

Pradeep Yadav @ Pradeep Kumar Yadav S/O Krishna Yadav R/O VillageNasratpur, P.S-Makhadumpur, District-Jehanabad. 4.

Ram Uday Yadav S/O Krishna Yadav R/O Village-Nasratpur, P.SMakhadumpur, District-Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2022 Learned counsel for the petitioners submits that petitioner nos. 3 and 4 have been arrested by the police, therefore, he does not press this application with regard to petitioner nos. 3 and 4.

Accordingly, this application is dismissed as not pressed with regard to petitioner nos. 3 and 4. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of

Patna High Court CR. MISC. No.19921 of 2021(2) dt.13-01-2022 2/3 non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 326, 307 and 504 of the Indian Penal Code. Allegation against the petitioners is that all the accused persons assaulted the father of the informant and Shivan Yadav, Raushan Kumar, Sham Singh and Rohit Kumar by means of lathi, danda, bricks and stone as a result of which they sustained injury.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He also submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is specific allegation against co-accused Indal Yadav who inflicted sickle blow upon the nose of the Nanhak Bind. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.19921 of 2021(2) dt.13-01-2022 3/3 Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioners, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond 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 Makhadumpur P.S. Case No. 335 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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