Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28401 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

SUDHIR YADAV Son of Bachchi Yadav Resident of Village - Bajraha, Doctor Tola, P.s.- Alamnagar, Distt.- Madhepura. 2.

Prakash Yadav @ Karu yadav Son of Bachchi Yadav Resident of Village - Bajraha, Doctor Tola, P.s.- Alamnagar, Distt.- Madhepura. 3.

Vikash Yadav Son of Bachchi Yadav Resident of Village - Bajraha, Doctor Tola, P.s.- Alamnagar, Distt.- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Alamnagar P.S. Case no. 90 of 2021 instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 354, 447, 448, 504, 506/34 of the Indian Penal Code. As per allegation in the FIR, while the informant was at his house, several accused persons entered into his house and started to abuse him and on protest they assaulted him brutally. Accused Prakash Yadav snatched cash of Rs. 30,000/- from his wife.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.28401 of 2022(2) dt.18-10-2022 2/2 has submitted that petitioners are innocent and have committed no offence. There is case and counter case. Both parties have sustained injuries in the alleged incident. Petitioner is next door neighbor. It appears from impugned order that injured has sustained two injuries out of which one is serious and one is simple.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Alamnagar P.S. Case no. 90 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Udakishunganj, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U