Birmani Kumar @ Birmani Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13494 of 2022 Arising Out of PS. Case No.-66 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== 1.
BIRMANI KUMAR @ BIRMANI YADAV SON OF UMESH YADAV R/O VILLAGE- NEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA 2.
RAJESH KUMAR SON OF CHANDRIKA YADAV R/O VILLAGENEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA 3.
MUKESH KUMAR @ MUKESH YADAV SON OF MOHIT YADAV R/O VILLAGE- NEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA 4.
RAJBALLABH YADAV @ RAJBALLAB YADAV @ RAJBALLAM KUMAR SON OF LATE KISHORE YADAV R/O VILLAGENEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA 5.
YADUNANDAN PRASAD @ YADUNANDAN YADAV SON OF LATE RAGHO YADAV R/O VILLAGE- NEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA 6.
RAM PIYARE YADAV @ RAM PIYARE PRASAD SON OF LATE HARIHAR GOPE R/O VILLAGE- NEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA 7.
BIRENDRA YADAV @ BIRENDRA PRASAD SON OF LATE SURENDRA YADAV R/O VILLAGE- NEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA 8.
MOHI PRASAD @ MOHI YADAV SON OF LATE HARIHAR GOPE R/O VILLAGE- NEHUAPAR, P.S.- PARWALPUR, DISTRICT- NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Rajiv Nayan Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as
Patna High Court CR. MISC. No.13494 of 2022(2) dt.27-09-2022 2/3 the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Parwalpur P.S. Case No. 66 of 2020, for the offences punishable under Sections 147, 149, 341, 323, 307, 308, 379, 354, 504 and 506 of the Indian Penal Code.
As per allegation, the accused persons including the petitioners equipped with lathi, danda came at the door of the informant and started abusing him. On protest, they assaulted the informant and other family members of the informant. The learned counsel for the petitioners has submitted there is land dispute between the parties and both the parties have sustained injuries. There is case and counter case and some accused persons have been granted anticipatory bail by a coordinate Bench in Criminal Miscellaneous No. 6633 of 2021 on 03.12.2021.
Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 66 of 2020, subject
Patna High Court CR. MISC. No.13494 of 2022(2) dt.27-09-2022 3/3 to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T