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Patna High CourtCR. MISC./23041/2021bail granted

Mithilesh Yadav v. The State Of Bihar

2022-01-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23041 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

MITHILESH YADAV Son of Munilal Yadav Resident of Village- Bari Jana, P.S.- Khodawandpur, District- Begusarai.

2.

Naresh Yadav Son of Munilal Yadav Resident of Village- Bari Jana, P.S.- Khodawandpur, District- Begusarai.

3.

Munilal Yadav S/o Khendu Yadav Resident of Village- Bari Jana, P.S.- Khodawandpur, District- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

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 Khodawandpur P.S. Case no. 179 of 2020 instituted for the offence under Sections 447, 341, 323, 307, 354(B), 379, 504

Patna High Court CR. MISC. No.23041 of 2021(2) dt.05-01-2022 2/3 and 34 of the Indian Penal Code.

The prosecution story relates to abuse and assault to the informant and his lady family family members by the petitioners and other co-accused persons by means of katta, iron rod etc.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have falsely been implicated in this case. They ahve got no criminal antecedent. General and omnibus allegations have been levelled against them. Injury report by all the three injured are simple in nature. Learned APP appearing for the State has opposed the 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 petitioners on bail. The petitioners 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 Khodwandpur P.S. Case no. 179 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 S.D.J.M. Manjhaul, Begusarai subject to the conditions as laid down under section

Patna High Court CR. MISC. No.23041 of 2021(2) dt.05-01-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U