← Library
Patna High CourtCR. MISC./19916/2022allowed

Kamaldeo Yadav v. The State Of Bihar

2022-09-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19916 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== 1.

Kamaldeo Yadav Son Of Bineshar Yadav @ Kailu Yadav R/O VillageRampur, P.S.- Mohanpur, District- Gaya 2.

Sri Ram Kumar @ Sri Ram Yadav Son Of Shyam Sundar Yadav R/O Village- Belarpur, P.S.- Mohanpur, District- Gaya 3.

Birendra Kumar Yadav @ Birendra Yadav Son Of Jagdish Yadav R/O Village- Balabigha, P.S.- Mohanpur, District- Gaya 4.

Binod Paswan Son Of Brahmdeo Paswan R/O Village- Jhanakpur, P.S.- Mohanpur, District- Gaya 5.

Murari Singh Son Of Janardan Singh R/O Village- Belarpur, P.S.- Mohanpur, District- Gaya 6.

Rajdeo Yadav Son Of Kuldip Yadav R/O Village- Bulachak, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.3. Permission is accorded.

Accordingly, the petition of petitioner no.3 is dismissed as withdrawn.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.19916 of 2022(2) dt.20-09-2022 2/3 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of assault due to which one Sarvesh Yadasv sustained injury.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is animus relation with the informant side. The doctor opined the injury is to be simple in nature and there is case and counter case between the parties and both parties have sustained injuries, as alleged, in separate occurrence.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Kamaldeo Yadav, Sri Ram Kumar @ Sri Ram Yadav, Binod Paswan, Murari Singh and Rajdeo 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 learned ACJM, Sherghati (Gaya) in connection

Patna High Court CR. MISC. No.19916 of 2022(2) dt.20-09-2022 3/3 with Barachatti (Mohanpur) P.S. Case No. 361 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U