Shailendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40757 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

SHAILENDRA YADAV Son of Shiv Narayan Yadav Resident of VillageBhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura. 2.

Umesh Yadav Son of Shiv Narayan Yadav Resident of Village- Bhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura. 3.

Shiv Narayan Yadav Son of Late Bitu Yadav Resident of VillageBhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura. 4.

Vikash Yadav Son of Vishwar Yadav Resident of Village- Bhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura. 5.

Mukesh Yadav Son of Vishwar Yadav Resident of Village- Bhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura. 6.

Bhajan Yadav Son of Guten Yadav Resident of Village- Bhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura.

7.

Babloo Yadav Son of Bhajan Yadav Resident of Village- Bhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura.

8.

Pankaj Yadav Son of Rasbihari Yadav Resident of Village- Bhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura. 9.

Shankar Yadav Son of Rasbihari Resident of Village- Bhairawpatti, Ward No.11, P.S.- Murliganj, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2022 At the very outset, learned counsel for the petitioner seeks permission to withdraw the petition of petitioner no.3, namely, Shiv Narayan Yadav.

Permission is accorded.

Accordingly, the petition of petitioner no.3, namely,

Patna High Court CR. MISC. No.40757 of 2021(2) dt.22-03-2022 2/3 Shiv Narayan Yadav is dismissed as withdrawn. Heard leaned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. It is a case of assault upon the informant by the accused persons.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that petitioners were not apprehended at the spot and no specific allegation of assault against the petitioners. Petitioners have clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, namely, Shailendra Yadav, Umesh Yadav, Vikash Yadav, Mukesh Yadav, Bhajan Yadav, Babloo Yadav, Pankaj Yadav and Shankar Yadav, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of

Patna High Court CR. MISC. No.40757 of 2021(2) dt.22-03-2022 3/3 the like amount each to the satisfaction of learned ACJM-II, Madhepura in connection with Murliganj P.S. Case No. 118 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T