Kailu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20087 of 2022 Arising Out of PS. Case No.-52 Year-2020 Thana- BIND District- Nalanda ====================================================== 1.
KAILU YADAV S/o Late Shiv Balak Yadav R/o village- Amawan, P.S.- Bind, District- Nalanda 2.
Boby Yadav @ Bablu Kumar S/o Kailu Yadav R/o village- Amawan, P.S.- Bind, District- Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Archana Mishra, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that on 10.06.2020 at 10:00 a.m. while he was irrigating his field, 13 accused persons including the petitioners came and started abusing the informant which was protested when Boby Yadav (petitioner no. 2) and
Patna High Court CR. MISC. No.20087 of 2022(2) dt.01-11-2022 2/3 three others assaulted him with lathi causing injury on his head and thereafter the accused persons assaulted his wife causing injury on her head and then it is alleged that the accused persons assaulted other family members.
Learned counsel for the petitioners submits that the allegation of assault is general and omnibus in nature and there is a case and counter case. The police after investigation submitted final form in favour of some of the accused. It is further submitted that similarly situated other co-accused have been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 12.01.2022 passed in Cr. Misc. No. 15618 of 2021.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bind P.S.
Patna High Court CR. MISC. No.20087 of 2022(2) dt.01-11-2022 3/3 Case No. 52 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T