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Patna High CourtCR. MISC./21645/2023disposed

Jag Yadav @ Jag Rai v. The State Of Bihar

2023-08-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 21645 of 2023 Arising Out of PS. Case No.-905 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

JAG YADAV @ JAG RAI SON OF LATE SUBBA RAI R/O VILLAGEJAYSINGHPUR GOKHULA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN 2.

AWADHESH KUMAR @ AWADHESH YADAV SON OF JAG YADAV @ JAG RAI R/O VILLAGE- JAYSINGHPUR GOKHULA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN 3.

BRAJESH KUMAR YADAV @ BRAJESH KUMAR SON OF JAG YADAV @ JAG RAI R/O VILLAGE- JAYSINGHPUR GOKHULA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Abhishek Kumar, Advocate For the Opposite Party/s :

Mr Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for petitioner No 2 Awadhesh Kumar @ Awadhesh Yadav and petitioner No 3 Brajesh Kumar Yadav @ Brajesh Kumar and the learned APP.

2 Petitioner No 2 Awadhesh Kumar @ Awadhesh Yadav and petitioner No 3 Brajesh Kumar Yadav @ Brajesh Kumar apprehend arrest in Turkauliya PS Case No 905 of 2022 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 354B/34 of Indian Penal Code.

3 As per the prosecution case, petitioner No 2

Patna High Court CR. MISC. No.21645 of 2023(3) dt.17-08-2023 2/2 Awadhesh Kumar @ Awadhesh Yadav assaulted the informant on her head by means of Farsa and petitioner No 3 Brajesh Kumar Yadav @ Brajesh Kumar assaulted Reema Devi by means of iron rod.

4 Learned counsel for the petitioner submits that the doctor found the injury to be simple in nature. It is further submitted that the petitioners have clean antecedent. 5 Learned APP has vehemently opposed the prayer for anticipatory bail.

6 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, petitioner No 2 Awadhesh Kumar @ Awadhesh Yadav and petitioner No 3 Brajesh Kumar Yadav @ Brajesh Kumar above named be enlarged on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, East Champaran at Motihari in Turkauliya PS Case No 905 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) M.E.H./- U T