Dipak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33860 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== 1.

DIPAK YADAV Son of Prakash Yadav Resident of Village- Naya Tola Agarpur, P.S.- Lodipur, District- Bhagalpur.

2.

Guddu Yadav Son of Prakash Yadav Resident of Village- Naya Tola Agarpur, P.S.- Lodipur, District- Bhagalpur.

3.

Sourav Yadav Son of Prakash Yadav Resident of Village- Naya Tola Agarpur, P.S.- Lodipur, District- Bhagalpur.

4.

Amit Yadav @ Amit Kumar Son of Banbari Yadav Resident of VillageNaya Tola Agarpur, P.S.- Lodipur, District- Bhagalpur. 5.

Sumit Yadav @ Sumit Kumar Son of Banbari Yadav Resident of VillageNaya Tola Agarpur, P.S.- Lodipur, District- Bhagalpur. 6.

Rohit Yadav @ Rohit Kumar Son of Banbari Yadav Resident of VillageNaya Tola Agarpur, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Supplementary affidavit has been filed on behalf of the petitioners. Same be kept on the record.

Heard learned counsel for the petitioners and learned APP for 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 a case

Patna High Court CR. MISC. No.33860 of 2021(2) dt.16-05-2022 2/3 registered under Sections 147, 148, 149, 448, 341, 323, 380, 354, 385, 307, 504, 506 of the Indian Penal Code. Prosecution case, in short, is that the accused persons including the petitioners assaulted the informant, her son and daughter by means of iron rod and lathi, due to which they became badly injured. They also outraged the modesty of informant's daughter and took away cash Rs.20,000/- and ornaments of gold and silver.

It has been submitted on behalf of the petitioners that the petitioner Nos.1 to 3 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. The case has been instituted after two days of the alleged occurrence. Delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the 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

Patna High Court CR. MISC. No.33860 of 2021(2) dt.16-05-2022 3/3 bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Bhagalpur in connection with Lodipur P.S. case No.196/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T