Upendra Kumar @ Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27936 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- TEKARI District- Gaya ====================================================== UPENDRA KUMAR @ UPENDRA YADAV Son of Fekan Yadav Resident of Village - Shiva Bigha, P.S.- Tekari, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 17.10.2020, within four weeks of starting of Court proceeding in physical mode.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tekari P.S. Case no. 41 of 2020, registered under Sections 323, 341, 324, 307, 504 and 506/34 of the Indian Penal Code. The accusation is that on 02.02.2020, at about 2.30 P.M., Suryadeo Yadav, father of informant Kamal Kumar, was coming to house, in the way, due to dispute of passage, hot talk started with his father then informant Kamal Kumar also

Patna High Court CR. MISC. No.27936 of 2020(2) dt.05-02-2021 2/3 reached there and made protest. At that time, Upendra Yadav (Petitioner) came there and gave Farsa blow causing injury at the head of Rampati Devi, mother of informant, when informant rushed there then Anirudh Yadav, Anuj Yadav, Ramprit Yadav, Pintu Yadav and Jayanti Devi came near the house of informant and started pelting stones on the family members of the informant.

Learned counsel for the petitioner submits that, in fact, occurrence of Marpit took place due to passage in which both sides sustained injuries regarding which Tekari P.S. Case No. 42 of 2020 is also instituted on 02.02.2020 under Sections 323, 341, 307 and 504/34 of the Indian Penal Code on the basis of fardbeyan of Anirudh Singh, brother of petitioner. Moreso, while specific allegation has been made against the petitioner to give Farsa blow at the forehead of mother of informant, but only one injury was found on the head of Rampati Devi, which is lacerated in nature. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.27936 of 2020(2) dt.05-02-2021 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 41 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T