Udesh Yadav @ Udeshya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28271 of 2021 Arising Out of PS. Case No.-336 Year-2020 Thana- ALOULI District- Khagaria ====================================================== 1.
UDESH YADAV @ UDESHYA YADAV S/O LATE SHIV NANDAN YADAV RESIDENT OF VILLAGE CHIKNI, P.S ALAULI, DISTRICTKHAGARIA 2.
ARBIND YADAV @ ARVIND YADAV S/O LATE SHIV NANDAN YADAV RESIDENT OF VILLAGE CHIKNI, P.S ALAULI, DISTRICTKHAGARIA 3.
GANESH YADAV S/O LATE SHIV NANDAN YADAV RESIDENT OF VILLAGE CHIKNI, P.S ALAULI, DISTRICT-KHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 It is submitted by learned counsel for the petitioners that application of petitioner no.3, namely, Ganesh Yadav has already been dismissed as withdrawn vide order dated 14.09.2021 passed in the instant case.
Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is 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
Patna High Court CR. MISC. No.28271 of 2021(3) dt.03-02-2022 2/3 registered for the offences punishable under Sections 341, 323, 504, 506, 379 and 308/34 of the Indian Penal Code. It is a case of assault to the informant and her family members.
It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the informant sustained one injury which simple in nature. He further submits that there is general and omnibus allegation against the petitioners. He further submits that the entire prosecution story is falsified as informant and her son are aggressor and they started altercation for which Complaint Case No.626C of 2020 has been instituted by petitioner no.1, namely, Udashya Yadav.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
In the facts and circumstances of the case, let the petitioner no.1, namely, Udesh Yadav @ Udeshya Yadav and petitioner no.2, namely, Arbind Yadav @ Arvind Yadav, 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
Patna High Court CR. MISC. No.28271 of 2021(3) dt.03-02-2022 3/3 learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 336 of 2020/G.R. No. 3216 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