Thaka Yadav @Thaku Yadav@Thakuri Yadav And Others v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29680 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- JAMUI District- Jamui ====================================================== 1.

THAKA YADAV @THAKU YADAV@THAKURI YADAV AND OTHERS Son of Chaman Yadav Resident of Village - Daualatpur, P.s.- and Distt.- Jamui.

2.

Karoo Yadav @ Sanjeet Yadav Son of Thaka Yadav @ Thaku Yadav @ Thakuri Yadav Resident of Village - Daualatpur, P.s.- and Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP Mr. Achal Kumar Sinha, Adv Mr. Sangha Mitra Ghosh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 325, 307, 504, 34 of the IPC.

Allegedly, the petitioners along with others assaulted the informant's side by means of several weapons due to which they sustained injuries.

Patna High Court CR. MISC. No.29680 of 2022(2) dt.08-09-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The specific allegation is upon Nitish Kumar to assault one Tetar Yadav due to which he sustained grievous injury on the right forehand. The occurrence took place on 14.08.2021 and the F.I.R. was lodged on 19.08.2021, i.e. after a delay of five days without giving any plausible explanation regarding the delay. Petitioners have no criminal antecedent.

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

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.29680 of 2022(2) dt.08-09-2022 3/3 below where the case is pending/Successor Court in Jamui P.S. Case No.349 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T