Jagdish Singh @ Jagdish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33500 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== 1.
JAGDISH SINGH @ JAGDISH YADAV S/O JANGI SINGH R/o villageKhankulipur, P.S.- Arwal, District- Arwal 2.
RITESH KUMAR @ MALU YADAV S/O JAGDISH SINGH @ JAGDISH YADAV R/o village- Khankulipur, P.S.- Arwal, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-04-2022 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 has submitted that during the pendency of this anticipatory bail application, the petitioner no.2 has been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner no.2.
In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner no.2.
Patna High Court CR. MISC. No.33500 of 2021(2) dt.04-04-2022 2/3 The petitioner no.1 apprehends his arrest for the offences alleged under Sections 147, 148, 149, 323, 379, 307 and 504 of the Indian Penal Code, registered in connection with Arwal P.S.Case No.98 of 2020.
As per allegation, some encroachment was removed in front of the house of co-accused Ritesh Kumar @ Malu Yadav. Being aggrieved by that, the accused persons named in the FIR called the son of the informant and badly assaulted him. The allegation against Ritesh Kumar @ Malu Yadav and Arvind Kumar is that they assaulted the son of the informant with iron rod on his head.
The learned counsel for the petitioner no.1 has submitted that against petitioner no.1 there is no allegation of assault to the informant's son. He has submitted further that there is case and counter case and petitioner no.1 is a person of clean antecedents. He has also submitted that Ritesh Kumar @ Malu Yadav on whom there was specific allegation of assault was granted regular bail by a coordinate Bench of this Court. Considering the above facts and circumstances, let the petitioner no.1 Jagdish Singh @ Jagdish Yadav, abovenamed, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on
Patna High Court CR. MISC. No.33500 of 2021(2) dt.04-04-2022 3/3 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, Arwal in connection with Arwal P.S.Case No. 98 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.
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