Pappu Yadav @ Abhay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 24100 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- CHANDI District- Nalanda ====================================================== 1.

Pappu Yadav @ Abhay Yadav Son Of Late Amirka Yadav @ Ambika Prasad Singh R/O Village- Kachara, P.S.- Chandi (WENA), District- Nalanda. 2.

Mister Kumar Son Of Late Mohan Yadav R/O Village- Kachara, P.S.- Chandi (WENA), District- Nalanda.

3.

Ranjeet Yadav Son Of Late Amrika Yadav @ Ambika Prasad Singh R/O Village- Kachara, P.S.- Chandi (WENA), District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2022 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 Chandi (Wena) P.S. Case no. 40 of 2020 instituted for the offence under Sections 341, 323, 354, 379, 308, 504, 506 and 34 of the Indian Penal Code.

The prosecution case relates to abuse and assault to the informant and his family members by fist and stick by the petitioners over a dispute regarding drainage of roof water into a

Patna High Court CR. MISC. No. 24100 of 2021(3) dt.13-01-2022 2/2 common passage of both.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in the present case. General and omnibus allegations have been levelled against the petitioners. Injury received by the informant and his family members is 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 Chandi (Wena) P.S. Case no. 40 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 ACJM I, Hilsa, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U