Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22831 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== 1.

Upendra Yadav Son Of Late Dhaniram Yadav R/V- Motnaje, Ps- Sakatpur Dist- Darbhanga, State- Bihar 2.

Manoj Yadav Son Of Upendra Yadav R/V- Motnaje, Ps- Sakatpur DistDarbhanga, State- Bihar 3.

Kari Yadav @ Sanjeet Yadav Son Of Upendra Yadav R/V- Motnaje, PsSakatpur Dist- Darbhanga, State- Bihar 4.

Saroj Yadav Son Of Upendra Yadav R/V- Motnaje, Ps- Sakatpur DistDarbhanga, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 3 submitting that during pendency of this application the petitioner no. 3 has already been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no. 3 is dismissed as withdrawn.

5. Now, this application is being heard only with

Patna High Court CR. MISC. No.22831 of 2023(4) dt.29-08-2023 2/3 regard to petitioners no. 1, 2 and 4.

6. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 452, 341, 323, 325, 354B, 379, 504, 506 of the Indian Penal Code.

7. As per the prosecution case, the petitioners along with other accused persons are said to have assaulted the informant and his family members.

8. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties. He also submits that there is admitted land dispute between the parties. Petitioners no. 1 and 2 have three criminal antecedents and petitioner no. 4 has two criminal antecedents as mentioned in para-3 of this application.

9. Learned APP for the State opposes prayer for anticipatory bail.

10. Having regard to the facts and circumstances of the case, let the above named petitioners no. 1, 2 and 4, be

Patna High Court CR. MISC. No.22831 of 2023(4) dt.29-08-2023 3/3 released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sakatpur P.S. Case No.66 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T