Pulendra Yadav @ Fulendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15030 of 2020 Arising Out of PS. Case No.-146 Year-2019 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

Pulendra Yadav @ Fulendra Yadav Son of Bangali Yadav @ Bangali Singh Resident of Village - Titai Bigha, P.S.- Parasbigha, District- Jehanabad 2.

Sidhnath Yadav Son of Bangali Yadav @ Bangali Singh Resident of Village - Titai Bigha, P.S.- Parasbigha, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jogendra Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-07-2020 Heard learned counsel for the parties through video conferencing.

The petitioners apprehend their arrest in Parasbigha P.S. Case No. 146 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. In the F.I.R., the informant has alleged that on 30-07-2019 at about 10:00 AM, when informant on a motorcycle reached near brick-kiln in village Meghariya, petitioners alongwith co-accused Deepu Kumar surrounded him and started abusing him and when he protested, he was assaulted by lathi, danda and brick. It is further alleged that firstly, co-accused Deepu Kumar assaulted him with brick, as a result of which, he received fracture injury on his jaw, whereas, petitioner no. 1 snatched golden chain from his neck and petitioner no. 2 took out Rs. 45,000/- from his (informant) pocket.

Patna High Court CR. MISC. No.15030 of 2020(2) dt.03-07-2020 2/2 It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case due to previous enmity. In fact, no such occurrence has taken place. It is further submitted that specific allegation of assault, as alleged in F.I.R., is against co-accused Deepu Kumar, who has already been granted anticipatory bail by the court below itself. So far as petitioners are concerned, it is alleged that they took out Rs. 45,000/- cash and snatched golden chain from the informant. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 146 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T