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Patna High CourtCR. MISC./41233/2021allowed

Rajendra Prasad Yadav v. The State Of Bihar

2022-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41233 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

RAJENDRA PRASAD YADAV Son of Janjer Lal Yadav Resident of Village - Jaraila, P.S.- Tribeniganj, Distt.- Supaul. 2.

Jay Prakash Yadav @ Jay Prakash Jyoti Son of Rajendra Prasad Yadav Resident of Village - Jaraila, P.S.- Tribeniganj, Distt.- Supaul. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 325 & 504 of the Indian Penal Code. The petitioners in association of other co-accused armed with deadly weapon are said to have come on the land of the informant and started making construction on his land. When the informant forbade to do so, they badly assaulted him

Patna High Court CR. MISC. No.41233 of 2021(3) dt.06-07-2022 2/2 and his family members.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. As a matter of fact, informant and petitioners are own brother and there is land dispute between them. The injury sustained by the victim is simple in nature. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Tribeniganj P.S. Case No.305 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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