Jai Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34796 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Jai Kumar Yadav Son Of Late Ramnath Yadav R/O Village- Hirkhi Pipra, P.S.- Sahpur, District- Bhojpur.

2.

Lakshman Yadav Son Of Late Ramnath Yadav R/O Village- Hirkhi Pipra, P.S.- Sahpur, District- Bhojpur.

3.

Ravi Yadav @ Ravi Kumar Yadav Son Of Late Ramnath Yadav R/O VillageHirkhi Pipra, P.S.- Sahpur, District- Bhojpur. 4.

Sunil Yadav @ Sunil Kumar Yadav Son Of Late Ramnath Yadav R/O Village- Hirkhi Pipra, P.S.- Sahpur, District- Bhojpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP For the Informant :

Mr. Arun Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Learned counsel for the petitioners is directed to remove the 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, 342, 323, 325, 302, 379 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that owing to dispute over property, the accused persons assaulted the father

Patna High Court CR. MISC. No.34796 of 2021(2) dt.24-03-2022 2/3 of the informant and family members due to which they sustained injuries. Later, the father of the informant succumbed to the injury.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Both the parties are agnates. There is property dispute between them. From the post-mortem report, it appears that there is no external injury caused to the deceased. Cause of death is said to be cardiac arrest.

On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sahpur P.S. Case No. 195 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.34796 of 2021(2) dt.24-03-2022 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T