Munna Yadav @ Munilal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45541 of 2017 Arising Out of PS. Case No.-92 Year-2017 Thana- KHODABANDPUR District- Begusarai ====================================================== 1.

Munna Yadav @ Munilal Yadav Son of Late Bhirakh Yadav 2.

Pradeep Kumar, Son of Munna Yadav @ Munilal Yadav 3.

Raushan Kumar @ Raushan Yadav @ Kumar Son of America Yadav, all are Resident of Village-Patahi, Police Station Khodawandpur (Chhaurahi O.P.), District Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :

Mr. CHAUBEY JAWAHAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

The prosecution case, in short, is that all the accused persons including the petitioners armed with weapons came at the house of the informant and assaulted her. Petitioner No.1 with an intention to kill her caused injury, on account of which she was badly injured. Then she was taken to the Hospital for treatment.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.45541 of 2017(2) dt.22-09-2017 2/3 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. As far as petitioner No.1 is concerned, specific allegation has been alleged for causing injury to the victim by iron rod. As far as petitioner Nos.2 and 3 are concerned, general and omnibus allegation has been made. No specific injury has been attributed against them.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. and as per the injury report there is one lacerated wound on the right side of the fore-head of the victim, which corroborates the allegation in respect to petitioner No.1. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner No.1. His prayer for anticipatory bail is rejected. He may surrender before the court below and pray for regular bail.

So far as petitioner Nos.2 and 3 are concerned, let the petitioner Nos.2 and 3, above named, in the event of arrest/surrender before the learned court below within a period of six 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

Patna High Court Cr.Misc. No.45541 of 2017(2) dt.22-09-2017 3/3 learned A.C.J.M., Manjhaul, Begusarai in connection with Khodawandpur (Chhaurahi O.P.) P.S. case No.92 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T