Dharam Yadav @ Dharam Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31172 of 2022 Arising Out of PS. Case No.-411 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

DHARAM YADAV @ DHARAM NATH YADAV S/o Late Badri Yadav Resident of Village- Kawalapur, Brita, Police Station- Yogapati (Nawalpur), District- West Champaran.

2.

Nawal Yadav S/o Late Gaya Yadav Resident of Village- Kawalapur, Brita, Police Station- Yogapati (Nawalpur), District- West Champaran. 3.

Prakash Yadav S/o Chokat Yadav Resident of Village- Kawalapur, Brita, Police Station- Yogapati (Nawalpur), District- West Champaran. 4.

Raju Yadav S/o Nawal Yadav Resident of Village- Kawalapur, Brita, Police Station- Yogapati (Nawalpur), District- West Champaran. 5.

Lorik Yadav S/o Late Babulal Yadav Resident of Village- Kawalapur, Brita, Police Station- Yogapati (Nawalpur), District- West Champaran. 6.

Saral Yadav S/o Late Basdeo Yadav Resident of Village- Kawalapur, Brita, Police Station- Yogapati (Nawalpur), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 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 Yogapatti (Nawalpur) P.S. Case no. 411 of 2021 instituted for the offence punishable under Sections 147, 341, 342, 323, 337, 427, 353, 506 and 504 of the Indian Penal Code. As per allegation in the FIR, petitioners have resisted

Patna High Court CR. MISC. No.31172 of 2022(2) dt.21-09-2022 2/2 the arrest of accused of Yagapatti P.S. Case No. 73 of 2021 and used criminal forces to deter public servant from discharging their duty.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. There is no specific allegation of overt act against them. 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 Yogapatti (Nawalpur) P.S. Case no. 411 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 CJM, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U