Jagur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32739 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== 1.

JAGUR YADAV Son of Satanand Yadav Resident of Village - Baluganj, P.s.- Balrampur (Telta), Distt.- Katihar.

2.

Dharmendra Kumar Yadav @ Dharmendra Yadav Son of late Mitha Lal Yadav Resident of Village - Baluganj, P.s.- Balrampur (Telta), Distt.- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioners along with other accused persons assaulted the informant and his brother by means of

Patna High Court CR. MISC. No.32739 of 2022(2) dt.15-09-2022 2/3 dabiya due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and countercase between the parties. In the alleged occurrence both sides sustained injuries and the injuries are of grievous nature. The occurrence took place on 08.12.2021 but the F.I.R. was lodged on 21.12.2021 i.e. after a delay of 13 days. Petitioners have one criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since both sides sustained grievous injuries, 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

Patna High Court CR. MISC. No.32739 of 2022(2) dt.15-09-2022 3/3 learned court below where the case is pending/Successor Court in Balrampur (Telta) P.S. Case No.196 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T