Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10695 of 2023 Arising Out of PS. Case No.-81 Year-2022 Thana- NAYAGAON District- Begusarai ====================================================== 1.

Umesh Yadav S/O Kamleshwari Yadav @ Kamleshvari Yadav R/VMahendarpur (Mahendrapur), Kashimpur, Panchyat Gorgama, P.S.- Nayagaon, District- Begusarai 2.

Mahesh Yadav S/O Kamleshwari Yadav @ Kamleshvari Yadav R/VMahendarpur (Mahendrapur), Kashimpur, Panchyat Gorgama, P.S.- Nayagaon, District- Begusarai 3.

Gonu Ram @ Gannu Ram S/O Late Kailu Ram R/V- Mahendarpur (Mahendrapur), Kashimpur, Panchyat Gorgama, P.S.- Nayagaon, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Ms. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code. As per the prosecution case, allegation against the petitioners is that they along with other accused persons assaulted the informant.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.10695 of 2023(2) dt.10-05-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that the injury was found simple in nature, as enclosed in Annexure-2 of the bail application. He further submits that there is compromise between the parties and both parties have filed compromise petition in the learned court below, as enclosed in Annexure-3 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the nature of the injury, 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 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nayagaon P.S. Case No.81 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T