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Patna High CourtCR. MISC./24934/2024disposed

Jitendra Yadav @ Jitendra Kumar v. The State Of Bihar

2024-04-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24934 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- ROH District- Nawada ====================================================== 1.

Jitendra Yadav @ Jitendra Kumar Son of Vijay Yadav Resident of VillageSheikhpura, Police Station- Roh, District- Nawada 2.

Kaushal Yadav @ Kaushal Kumar Son of Vijay Yadav Resident of VillageSheikhpura, Police Station- Roh, District- Nawada 3.

Lalo Yadav @ Lalan @ Lalan Yadav Son of Late Meghan Yadav Resident of Village- Sheikhpura, Police Station- Roh, District- Nawada 4.

Shailendra Yadav @ Shailendra Kumar Son of Gorelal Yadav Resident of Village- Sheikhpura, Police Station- Roh, District- Nawada 5.

Santosh Yadav @ Santosh Kumar Son of Indradeo Yadav Resident of Village- Sheikhpura, Police Station- Roh, District- Nawada 6.

Pappu Yadav @ Pappu Kumar Son of Baliram Yadav Resident of VillageSheikhpura, Police Station- Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 At the outset, learned counsel for the petitioner No. 4 submits that during pendency of the case , petitioner No. 4 has already been arrested and, as such, anticipatory bail petition of petitioner No. 4 becomes infructuous and he seeks permission to withdraw his bail petition .

2. Permission is accorded.

3 . The anticipatory bail petition of the petitioner No. 4 is dismissed as withdrawn .

Patna High Court CR. MISC. No.24934 of 2024(2) dt.24-04-2024 2/3

4. Heard learned counsel for the petitioner Nos. 1 , 2 , 3 , 5 and 6 and the State .

5 . Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 149, 504, 307, 379, 354 and 506 of the Indian Penal Code .

6. It is alleged that these petitioners along with other co-accused persons armed with lathi-danda , iron-rod etc are alleged to have assaulted the informant and others due to which they sustained injury . It is further alleged that accused persons also snatched cash and golden chain from the informant side .

7. It is submitted on behalf of the petitioners that petitioners as well as informant are co-villagers and due to dispute between the parties over playing DJ a simple occurrence of maarpeet took place between them in which the informant and other sustained injury . As per F.I.R, petitioner Nos. 1 , 2 and 3 are non-assailant and so far as petitioner Nos. 5 and 6 are are concerned, there is general and omnibus allegation against them. Injury sustained by the injured is found to be simple in nature .

8 Learned counsel for the State oppose the bail petition.

9. Considering the nature of injury and other

Patna High Court CR. MISC. No.24934 of 2024(2) dt.24-04-2024 3/3 circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 , 2 , 3 , 5 and 6 as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J , M Ist Class, Nawada in connection with Roh P.S. Case No. 04 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

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