Satya Narain Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13365 of 2020 Arising Out of PS. Case No.-454 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.

SATYA NARAIN YADAV Son of Dhuthar Yadav Resident of VillageGauravgadh, Ward No. 05, Nagarparishad, P.S. and District- Supaul. 2.

Bhajan Yadav Son of Dhuthar Yadav Resident of Village- Gauravgadh, Ward No. 05, Nagarparishad, P.S. and District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 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, 307, 379/34 of the Indian Penal Code.

Allegedly, the occurrence is said to have taken place in the backdrop of earlier episode of threatening. It is alleged that while the informant along with his younger brother was about to

Patna High Court CR. MISC. No.13365 of 2020(2) dt.23-06-2020 2/3 flee away from the place of occurrence, the accused persons stopped them and the accused persons assaulted the informant's brother as a result of which, he sustained injury. The butt of the pistol was also used for assaulting the informant's brother. 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. Due to property dispute, the petitioners have been falsely implicated in the present case. Both parties are covillagers. From perusal of order of learned Sessions Judge, it appears that the matter has already been settled between the parties. A petition to this effect has also been filed in the court below.

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 Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 454 of 2019 subject to the conditions as

Patna High Court CR. MISC. No.13365 of 2020(2) dt.23-06-2020 3/3 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 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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