Suresh Yadav @ Suresh Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23133 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== 1.
SURESH YADAV @ SURESH PRASAD YADAV Son of Mahavir Yadav Resident of Village- Chhanaun, P.S.- Kawakole (Rupau), District- Nawada. 2.
Mina Devi W/o Suresh Yadav @ Suresh Prasad Yadav Resident of VillageChhanaun, P.S.- Kawakole (Rupau), District- Nawada. 3.
Brahmdeo Yadav Son of Mahavir Yadav Resident of Village- Chhanaun, P.S.- Kawakole (Rupau), District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.S.M. Rehman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 308, 379, 504,
Patna High Court CR. MISC. No.23133 of 2020(2) dt.30-09-2020 2/3 506 of the Indian Penal Code.
The prosecution allegation, in short, is that the accused persons came to the house of the informant and assaulted his son due to which he sustained injuries. The persons came in rescue were also assaulted by the accused persons. 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. The petitioner no. 2 is a lady. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has 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 F.I.R./complaint case. 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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Incharge
Patna High Court CR. MISC. No.23133 of 2020(2) dt.30-09-2020 3/3 A.C.J.M.-1, Nawada in connection with Kawakole (Rupau) P.S. Case No. 15/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T