Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35645 of 2021 Arising Out of PS. Case No.-229 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Shambhu Yadav Resident Of Village- Ghorparan, East Tola, P.S.- Laxmipur, District- Jamui.

2.

Karu Yadav Son Of Govind Yadav Resident Of Village- Ghorparan, East Tola, P.S.- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2021 Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner no. 2 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 2.

Heard learned counsel for the petitioner no. 1 and learned APP for the State.

Learned counsel for the petitioner no. 1 is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner no. 1 is apprehending his arrest in a

Patna High Court CR. MISC. No.35645 of 2021(2) dt.16-12-2021 2/3 case registered under Sections 341,, 448, ,323, 325, 307, 379, 337, 504 and 506/34 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons assaulted the sons of the informant due to which they sustained injuries.

It has been submitted on behalf of the petitioner no. 1 that he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 1 The petitioner no. 1 has falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner no. 1 is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner no. 1, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with

Patna High Court CR. MISC. No.35645 of 2021(2) dt.16-12-2021 3/3 Laxmipur P.S. Case No. 229 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T