Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24080 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- JHAJHA District- Jamui ====================================================== 1.

SURESH YADAV Son of Late Chhathu Yadav Resident of Village - Helajot, P.S.- Jhajha, District - Jamui.

2.

Malti Devi Wife of Ganesh Yadav Resident of Village - Helajot, P.S.- Jhajha, District - Jamui.

3.

Tipan Yadav Son of Suresh Yadav Resident of Village - Helajot, P.S.- Jhajha, District - Jamui.

4.

Rekha Devi @ Lodani Daughter of Suresh Yadav Resident of Village - Helajot, P.S.- Jhajha, District - Jamui.

5.

Sarita Devi Wife of Suresh Yadav Resident of Village - Helajot, P.S.- Jhajha, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-10-2022 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 seeks permission to withdraw this application as against petitioner nos. 2, 4 and 5.

In view of the aforesaid submission, the application is dismissed as withdrawn as against petitioner nos. 2, 4 and 5 Petitioner nos. 1 and 3 apprehend their arrest for the

Patna High Court CR. MISC. No.24080 of 2022(2) dt.14-10-2022 2/3 offences alleged under Sections 147, 149, 323, 309, 448, 504 and 506 of the Indian Penal Code, registered in connection with Jhajha P.S.Case No. 285 of 2021.

Learned counsel for the petitioners has submitted that both the parties are agnates. There is case and counter case and the members of the defense side have also sustained injuries. He has submitted further that there is specific allegation against coaccused Ganesh Yadav that he inflicted sword blow on the head of Kartik Yadav. The allegation against petitioner nos. 1 and 3 is that they assaulted Kartik Yadav with iron rod. Kartik Yadav sustain cut injury, which is attributed only against Ganesh Yadav and not against the petitioners. He has also submitted that the petitioners are the persons of clean antecedent. Considering the above facts and circumstances, let petitioner nos. 1 and 3, 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 each to the satisfaction of learned ACJM, Jamui in connection with Jhajha P.S.Case No. 285 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.24080 of 2022(2) dt.14-10-2022 3/3 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