Tinkal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30620 of 2020 Arising Out of PS. Case No.-183 Year-2020 Thana- RAJAOLI DistrictNawada ====================================================== 1.

Tinkal Yadav S/o Ramchandra Yadav Resident of Village-Gayankhurd, P.S-Rajauli, District-Nawada.

2.

Manoj Yadav S/o Latan Yadav Resident of Village-Gayankhurd, P.SRajauli, District-Nawada. 3.

Ashok Yadav S/o Jobraj Yadav Resident of Village-Gayankhurd, P.SRajauli, District-Nawada. 4.

Lalu Yadav S/o Bishun Yadav Resident of Village-Gayankhurd, P.SRajauli, District-Nawada. 5.

Satendra Yadav S/o Jagdish Yadav Resident of Village-Gayankhurd, P.SRajauli, District-Nawada. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Hansraj, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2021 Learned counsel for the petitioner states that the petitioner no. 1 has been arrested and as such the anticipatory bail petition of petitioner no. 1 has become infructuous and seeks permission to withdraw the same.

2. Permission is accorded. The anticipatory bail petition of petitioner no. 1 stands dismissed as withdrawn.

3. Heard learned counsel for the petitioners (except petitioner no. 1) and learned APP for the State. Learned counsel for these petitioners hereby undertakes to remove all defects

Patna High Court CR. MISC. No.30620 of 2020(3) dt.25-01-2021 2/3 pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

4. The petitioners (except petitioner no. 1) apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 337, 307, 379, 448 of the Indian Penal Code registered in connection with Rajauli P.S. Case No. 183 of 2020.

5. It is submitted that the petitioners (except petitioner no. 1) have been falsely implicated on the accusation of assault on the informant's side and there is case and counter case between the parties. The accusation against the petitioners is general and omnibus except petitioner no. 4 who is said to have assaulted with gadasa on the head of the informant. Such allegation is however is not supported by the injury report which discloses lacerated wound, while other injuries are not attributed to the petitioner. In any event the injuries are simple in nature. The petitioners claim clean antecedents.

6. Learned APP appears and has been heard.

7. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners (except petitioner no. 1) be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.30620 of 2020(3) dt.25-01-2021 3/3 Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 183 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C., if they are not otherwise required in any other case.

8. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners (except petitioner no. 1) within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Vikash Jain, J) Ibrar//- U T