Avinash Yadav @ Nanka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13953 of 2020 Arising Out of PS. Case No.-61 Year-2019 Thana- MAIN P.S. District- Gaya ====================================================== 1.

AVINASH YADAV @ NANKA Son of Rajnandan Yadav Resident of Village - Bansibigha, P.S.- Men-(O.P. -Pai Bigha), District - Gaya. 2.

Dorav Yadav @ Chhotan Yadav @ Abhishek Raj Son of Rajnandan Yadav Resident of Village - Bansibigha, P.S.- Men-(O.P. -Pai Bigha), District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 307, 506, 504 and 34 of the Indian Penal Code and Sections 37a, 37(b) of Bihar Prohibition and Excise Act, 2016.

Allegedly, while the informant was near the mill, one Sanjeev Kumar came in drinking condition and abused him. In

Patna High Court CR. MISC. No.13953 of 2020(2) dt.29-06-2020 2/3 the meantime, the accused persons arrived and assaulted the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Special Judge, Excise, Gaya in connection with Main (Pai Bigha) P.S. Case No. 61 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.13953 of 2020(2) dt.29-06-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T