Rupesh Yadav @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21708 of 2022 Arising Out of PS. Case No.-582 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== 1.

RUPESH YADAV @ RUPESH KUMAR S/o Bahadur Yadav Resident of Village- Senwariya, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran.

2.

Laljee Yadav @ Laljee Kumar S/o Bahadur Yadav Resident of VillageSenwariya, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran. 3.

Bahadur Yadav S/o Late Munar Yadav Resident of Village- Senwariya, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran. 4.

Gorakh Yadav S/o Late Jangi Yadav Resident of Village- Senwariya, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran. 5.

Baiju Yadav S/o Late Jangi Yadav Resident of Village- Senwariya, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 At the outset of argument learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner No.4.

Prayer is allowed.

This anticipatory bail petition is dismissed as withdrawn against petitioner No.4.

Heard learned counsel for the petitioners and the State.

Petitioners No. 1to 3 and 5 apprehend their arrest in a case registered for the offence punishable under Section 307, 379 and some other ancillary Sections of the Indian Penal Code.

Patna High Court CR. MISC. No.21708 of 2022(2) dt.05-09-2022 2/2 Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is submitted that specific accusation of assault is against co-accused, Vikash Yadav and so far these petitioners are concerned there is general and omnibus allegation against them. There is delay of 15 days in lodging the FIR. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, clean antecedent of the petitioners and delayed lodging the FIR, let the petitioners No. 1 to 3 and 5, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Chanpatiya (Sirisiya O.P.) PS case No. 582/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T