Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32559 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Shankar Yadav Son Of Anandi Yadav Resident Of Village- Kusumbha, TolaBaghiya, P.S.- Sheikhpura, District- Sheikhpura. 2.

Deepu Kumar Son Of Anandi Yadav Resident Of Village- Kusumbha, TolaBaghiya, P.S.- Sheikhpura, District- Sheikhpura. 3.

Krishna Yadav Son Of Surju Yadav Resident Of Village- Bajpur, P.S.- Pakriverma, District- Nawada.

4.

Shambhu Yadav Son Of Kamlesh Yadav Resident Of Village- Gopichak, P.S.- Sheikhpura, District- Sheikhpura.

5.

Deo Yadav Son Of Janki Yadav Resident Of Village- Gopichak, P.S.- Sheikhpura, District- Sheikhpura.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prasad Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307 and 504 of the Indian Penal Code. Petitioners are said to have abused and assaulted the

Patna High Court CR. MISC. No.32559 of 2022(4) dt.15-09-2022 2/3 informant by means of sword and other deadly weapons. Deo Yadav, Petitioner No.5 gave a sword blow upon the father of the informant Puna Yadav causing injury upon his head and palm. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is specific allegation co-accused Ramashish Yadav who fired upon the informant. He submits that the injury report shows that injuries found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner no.1-4 have no criminal antecedent and petitioner no.5 has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and that fact the there is general and omnibus allegation against the petitioners and the injuries are simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond

Patna High Court CR. MISC. No.32559 of 2022(4) dt.15-09-2022 3/3 of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 116 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Ajay, devendra/- U T