Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23077 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== 1.

SUNIL YADAV Son of Ritlal Yadav Resident of Village - Shibutol, P.s.- Bachhwara, Distt.- Begusarai.

2.

Manjesh Kumar @ Manjesh Yadav Son of Ashok Yadav Resident of Village - Shibutol, P.s.- Bachhwara, Distt.- Begusarai. 3.

Sanjesh Kumar @ Sanjesh Yadav Son of Ashok Yadav Resident of Village - Shibutol, P.s.- Bachhwara, Distt.- Begusarai. 4.

Amlesh Kumar @ Amresh Kumar Son of Jhagru Yadav Resident of Village - Shibutol, P.s.- Bachhwara, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-10-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, petitioner no.3 has been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner no.3. In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as

Patna High Court CR. MISC. No.23077 of 2022(2) dt.11-10-2022 2/3 against petitioner no.3.

Petitioner nos. 1, 2 and 4 apprehend their arrest for the offences alleged under Sections 341, 323, 337, 308, 504 and 506/34 of the Indian Penal Code, registered in connection with Bachhwara P.S.Case No. 308 of 2021.

As per allegation, when the informant went to the house of the accused persons to demand his dues, the accused persons named in the FIR badly assaulted the informant, his brother and sister.

Learned counsel for the petitioners has submitted that they are the persons of clean antecedent. As a matter of fact, petitioner no.4 Amlesh Kumar @ Amresh Kumar became successful in panchayat election and it was the reason that the prosecution side, who are rival of the petitioners, implicated them in this false case. He has submitted further that the injuries suffered by the injured persons are simple in nature. Considering the above facts and circumstances, especially the clean antecedent of the petitioners, let petitioner nos. 1, 2 and 4, above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.23077 of 2022(2) dt.11-10-2022 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S.Case No. 308 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T