Satendar Yadav @ Satendar Prasad @ Satyendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21600 of 2021 Arising Out of PS. Case No.-15 Year-2020 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.
Satendar Yadav @ Satendar Prasad @ Satyendra Yadav Son Of Dhaneshwar Singh Resident Of Village- Horidih, Police Station- Neemchak Bathani In The District Of Gaya 2.
Lalu Yadav @ Lalu Prasad Son Of Satendar Yadav @ Satendar Prasad @ Satyendra Yadav Resident Of Village- Horidih, Police Station- Neemchak Bathani In The District Of Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Rama Kant Singh Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 447, 323, 307, 354A, 506, 504 of the Indian Penal Code and Section 27 of the Arms Act. Later on, Section 302 of I.P.C. has been added. Allegation is that the accused persons including the petitioners came and assaulted the informant and her family
Patna High Court CR. MISC. No.21600 of 2021(2) dt.24-02-2022 2/3 members by means of lathi, danda and rod. Later on, during treatment victim Rishi Kumar died.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is counter case also. Same is Annexure 4 to the present application. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate X, Gaya in connection with
Patna High Court CR. MISC. No.21600 of 2021(2) dt.24-02-2022 3/3 Neemchak Bathani P.S. case No.15 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T