Upendra Yadav @ Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28254 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

UPENDRA YADAV @ UPENDRA RAI S/O- Late Yoganand Yadav R/O Vill. - Tetarahi, P.S. - Khodawandpur, Dist. - Begusarai. 2.

DIPU KUMAR S/o Upendra Yadav @ Upendra Rai R/O Vill. - Tetarahi, P.S. - Khodawandpur, Dist. - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners are expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354(B), 379 and 504/34 of the Indian Penal Code. The allegation is that all the accused persons assaulted upon the informant and his other family members by fists and slaps.

Patna High Court CR. MISC. No.28254 of 2021(2) dt.03-02-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no specific allegation of assault against the petitioners. He further submits that from perusal of the injury report, it appears that there is lacerated wound caused by the petitioner no.1 which the doctor concerned has opined to be simple in nature and there are other injuries also but in respect of that there is no any description.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory 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 SDJM, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 171 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T