Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31665 of 2021 Arising Out of PS. Case No.-16 Year-2019 Thana- MADHAURAH District- Saran ====================================================== SUNIL YADAV Son of Surendra Ray Resident of Village - Damodarpur, P.S.- Marhaura, District - Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Marhaura P.S. Case No. 16 of 2019, registered for the offences punishable under Sections 147, 148, 338, 353, 323, 325, 149, 427 and 337 of the Indian Penal Code.

As per allegation, nine accused persons named in the FIR along with 50 unknown persons attacked on the police party when the police party was conducting raid.

Learned counsel for the petitioner has submitted that on similar footing co-accused Anish Rai @ Anesh Prasad @ Anesh Ray was granted anticipatory bail by the coordinate Bench in Cr. Misc.

Patna High Court CR. MISC. No.31665 of 2021(4) dt.31-03-2022 2/2 No. 50195 of 2019 vide order dated 16.08.2019. Vide order dated 01.02.2022, a report was called for from the court below about criminal antecedent of the petitioner as well as the issuance of process under sections 82 and 83. The report is annexed with the record which shows that up till now no process under sections 82 and 83 has been issued and there is no case against the present petitioner except the present case. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura P.S. Case No. 16 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.