Prem Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41229 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- SALAIYA District- Aurangabad ====================================================== 1.

PREM YADAV Son of Narayan Yadav Resident of Village- Jogri, P.S.- Salaiya, District- Aurangabad.

2.

Akash Kumar Son of Prem Yadav Resident of Village- Jogri, P.S.- Salaiya, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Shailesh Kumar Singh, Advocate For the State :

Mrs. Sucheta Yadav, APP For the informant :

Mr.Bindeshwar Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 448, 325/34 of the Indian Penal Code. Later on, Section 307 I.P.C. has been added. Allegation is that the accused persons including the petitioner assaulted the informant by means of danda, rod, jhama, due to which he sustained injuries.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.41229 of 2021(2) dt.18-05-2022 2/2 the petitioner No.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Salaiya P.S. case No.20/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T