Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35716 of 2021 Arising Out of PS. Case No.-469 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

SANTOSH YADAV @ SANTOSH KUMAR YADAV Son of Nanhu Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya. 2.

Munni Kumari @ Munni Devi Wife of Santosh Yadav @ Santosh Kumar Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya.

3.

Sanjay Yadav Son of Uttam Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya.

4.

AShok Kumar Son of Baliram Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya.

5.

Mahendra Yadav Son of Ram Dhani Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya.

6.

Kapil Yadav @ Kapildeo Yadav Son of Ram Dhani Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya. 7.

Ram Dhani Yadav Son of Late Teka Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya.

8.

Praveen Kumar Son of Prasad Yadav @ Ram Prasad Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya. 9.

Chhotu Kumar @ Yogesh Kumar Son of Baliram Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya. 10.

Buneli Devi Wife of Prasad Yadav @ Ram Prasad Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya. 11.

Sunita Devi Wife of Baliram Yadav Resident of Village - Chhotki Bihiya, P.S. - Mohanpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the

Patna High Court CR. MISC. No.35716 of 2021(2) dt.24-05-2022 2/3 defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 354, 504 and 506/34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioners came armed with lathi, khanti, rod and garasa in their hand and brutally assaulted the informant and her family members, as a result of which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners 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. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. 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

Patna High Court CR. MISC. No.35716 of 2021(2) dt.24-05-2022 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghaty, Gaya in connection with Barachatti P.S. case No.469/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T