Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25960 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

VIJAY YADAV Son of Pardeshi Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

2.

Lalan Yadav Son of Pardeshi Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

3.

Shankar Yadav Son of Mahajan Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

4.

Sanjay Yadav Son of Mahajan Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

5.

Sujit Yadav Son of Pragesh Yadav @ Pragash Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

6.

Sahdeo Yadav Son of Late Mauni Yadav @ Maune Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani. 7.

Govind Yadav Son of Sahdev Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

8.

Bhuneshwar Yadav Son of Jibachh Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

9.

Sonu Yadav Son of Shankar Yadav Resident of Village - Parri, P.s.- Madhwapur, Distt.- Madhubani.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ajay Kumar Thakur 2, Advocate For the Opposite Party :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned counsel 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.

Patna High Court CR. MISC. No.25960 of 2022(3) dt.14-11-2022 2/3 The petitioners are apprehending their arrest in a case registered under Sections-147, 149, 341, 323, 324, 307, 354, 379, 504 of the Indian Penal Code.

Prosecution case in short is that while the informant after discharging his duty in the hospital was returning his home, in the way, the accused persons having armed restrained him with common intention and started beating him with iron rod on his head, as a result of which, he received bleeding injury on his head. When on hue and cry, his family members came to rescue, they were also assaulted. Cash of Rs. 10,000/- and a gold ring was also snatched away in the occurrence. It is 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. There is case and counter case between the parties. Free fight is alleged to have taken place. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

Learned counsel for the State submits that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let

Patna High Court CR. MISC. No.25960 of 2022(3) dt.14-11-2022 3/3 the petitioners named above, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P. Kishore, learned Judicial Magistrate-Ist Class, Benipatti in connection with Madhwapur P.S. Case No. 71 of 2021 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T