Sudin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23078 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- BASOPATTI District- Madhubani ====================================================== 1.
SUDIN YADAV Son of Late Keshi Yadav Resident of Village - Ardhawa, P.S.- Basopatti, District - Madhubani 2.
Ram Prakash Yadav Son of Late Keshi Yadav Resident of Village - Ardhawa, P.S.- Basopatti, District - Madhubani 3.
Jay Prakash Yadav Son of Late Keshi Yadav Resident of Village - Ardhawa, P.S.- Basopatti, District - Madhubani 4.
Satya Narayan Yadav Son of Late Keshi Yadav Resident of Village - Ardhawa, P.S.- Basopatti, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
It is submitted by learned counsel for the petitioners that during pendency of this application, petitioner nos. 1 and 2 have been arrested and, as such, he seeks permission to withdraw this application against them.
In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner nos. 1 and 2. Now, learned counsel for the petitioner is pressing this application only against petitioner nos. 3 and 4.
Patna High Court CR. MISC. No.23078 of 2021(2) dt.06-01-2022 2/3 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Basopatti P.S. Case no. 184 of 2020 instituted for the offence under Sections 447, 341, 323, 324, 307, 379, 504, 427 and 34 of the Indian Penal Code.
Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons over a trivial dispute of snatching chain and locket.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. No specific allegation of assault has been levelled against the petitioners. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence which are simple in nature. They have got no criminal antecedent.
Learned APP appearing for the State has opposed the
Patna High Court CR. MISC. No.23078 of 2021(2) dt.06-01-2022 3/3 prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner nos. 3 and 4 on bail. The petitioner nos. 3 and 4 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Basopatti P.S. Case no. 184 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U