Shiv Mangal Yadav @ Nanhak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23976 of 2022 Arising Out of PS. Case No.-209 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

SHIV MANGAL YADAV @ NANHAK YADAV Son of Singhasan Yadav Resident of Village - Lachhumanwa, P.S.- Ramgarhwa, District - East Champaran.

2.

Kamandal Yadav Son of Singhasan Yadav Resident of Village - Lachhumanwa, P.S.- Ramgarhwa, District - East Champaran. 3.

Shyam Sundar @ Shyam Sundar Yadav Son of Ashok Yadav Resident of Village - Lachhumanwa, P.S.- Ramgarhwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-10-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. At the outset, the learned counsel for the petitioners has submitted that petitioner no. 2, Kamandal Yadav has been arrested and as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this bail petition with respect to petitioner no. 2.

In view of the above submission, this petition is dismissed as withdrawn with respect to petitioner no. 2.

Patna High Court CR. MISC. No.23976 of 2022(2) dt.12-10-2022 2/3 So far as petitioner nos. 1 and 3 are concerned, they apprehend their arrest in connection with Ramgarhwa P.S. Case No. 209 of 2021, registered for offence punishable under sections 341, 342, 147, 323, 324, 325, 307, 504, 379/34 of the Indian Penal Code.

As per allegation, the petitioners badly assaulted the members of informant side. The specific allegation on petitioner no. 1, Shiv Mangal Yadav is that he assaulted at the knee of the informant, who has suffered fractured injury. The learned counsel for the petitioners has submitted that both the parties have compromised the case and they are residing in cordial atmosphere. He has also submitted that the petitioners are the persons of clean antecedents. On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances and also considering the clean antecedents of the petitioners, let petitioner nos. 1 and 3, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 209 of 2021, subject to

Patna High Court CR. MISC. No.23976 of 2022(2) dt.12-10-2022 3/3 condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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