Mohan Yadav @ Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30552 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

MOHAN YADAV @ MOHAN KUMAR S/O MANAGER YADAV R/o village- Bhedawaliya, P.S.- Bhagwanpur Hat, District- Siwan 2.

VIKARMA YADAV S/o Jagrannath Yadav @ Jagarnath Yadav R/o villageBhedawaliya, P.S.- Bhagwanpur Hat, District- Siwan 3.

MITHILESH KUMAR S/O VIKARMA YADAV R/o village- Bhedawaliya, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Bhagwanpur Hat P.S. Case No. 121 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 504 of the Indian Penal Code.

The petitioners are alleged to have assaulted the informant's side by lathi and danda.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is

Patna High Court CR. MISC. No.30552 of 2021(2) dt.07-03-2022 2/2 case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The other co-accused with similar allegation have been granted bail by the then a coordinate bench of this court vide orders dated 12-03-2021 passed in Cr. Misc. No. 32873 of 2020.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Siwan in connection with Bhagwanpur Hat P.S. Case No. 121 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T