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Patna High CourtCR. MISC./11961/2023partly allowed disposal

Yogendra Yadav v. The State Of Bihar

2023-05-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11961 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

Yogendra Yadav Son Of Ram Lal Yadav R/O Village- Chatiya Diar, P.S.- Malahi, District- East Champaran 2.

Sunita Devi Wife Of Kapildeo Yadav R/O Village- Chatiya Diar, P.S.- Malahi, District- East Champaran 3.

Savitri Devi Wife Of Sakaldeo Yadav R/O Village- Chatiya Diar, P.S.- Malahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner submits that during pendency of this application, petitioner no. 1 namely, Yogendra Yadav has been arrested, hence he seeks permission to withdraw the bail application.

Permission is accorded.

Accordingly, the present bail application stands dismissed as withdrawn.

Petitioner nos. 2 and 3 apprehend their arrest in connection with Govindganj ( Malahi) P.S. Case No. 445 of

Patna High Court CR. MISC. No.11961 of 2023(2) dt.11-05-2023 2/3 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 the Indian Penal Code. As per the FIR, all the accused persons including the petitioners assaulted the informant by means of lathi danda and iron rod due to which he sustained injuries. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. There is case and counter case between the parties and both the sides sustained injuries found simple in nature It is further submitted that there is no specific over act has been attributed against the petitioner and there is general and omnibus allegation levelled against the petitioner nos. 2 and 3. It is further submitted that petitioner no. 2 and 3 have clean antecedent as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioner nos. 2 and 3 as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, East

Patna High Court CR. MISC. No.11961 of 2023(2) dt.11-05-2023 3/3 Champaran, Motihari in Govindganj ( Malahi) P.S. Case No. 445 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T