Pankaj Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65223 of 2018 Arising Out of PS.Case No. -262 Year- 2018 Thana -GAYA KOTWALI District- GAYA ======================================================

1. PANKAJ YADAV

2. Ranjeet Yadav Both are sons of Kishori Yadav Both 1 and 2are Residents of At Bank of Baroda Street Swarajpuri Road,Police Station-Kotwali,Distt.- Gaya

3. Sumit Kumar @ Avinash @ Avinash Kr. @ Sumit Kumar Son of Late Ramashankar Yadav Resident of Village/At Makhloatganj Swarajpuri Road Near Sai Mandir,Police Station-Kotwali,Distt.-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 307, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant along with his brothers was returning to his new home after witnessing Kul Devta Mandir, an scuffle took place between the parties. It is alleged that the accused persons abused and assaulted the informant and his brothers, as a result of which, they sustained injuries.

Patna High Court Cr.Misc. No.65223 of 2018 (2) dt.26-10-2018 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 262 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T