Pradeep Yadav @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35188 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== 1.

PRADEEP YADAV @ PRADEEP KUMAR S/O MADHO YADAV Resident of Village- Goutha Mitha, P.S.- Barachatti, District- Gaya. 2.

MUKHU YADAV @ MUKESH YADAV S/O MADHO YADAV Resident of Village- Goutha Mitha, P.S.- Barachatti, District- Gaya. 3.

TAKEN YADAV S/O LATE JAGDISH YADAV Resident of Village- Goutha Mitha, P.S.- Barachatti, District- Gaya.

4.

SURBIN YADAV @ SURBIND YADAV S/O RAGHUBIR YADAV Resident of Village- Goutha Mitha, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that on account of dispute relating to connecting house pipe for drainage the accused

Patna High Court CR. MISC. No.35188 of 2022(2) dt.14-11-2022 2/3 persons including the petitioners came and assaulted him with lathi, danda and farsa causing injury on his head and right hand. Kiran Devi assaulted Renu Devi by handle of tangi injuring her hand.

Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that the alleged occurrence took place on a trivial issue. It is further submitted that the allegation of assault is general and omnibus in nature. It is next submitted that even injuries suffered by the injured are simple in nature which is Annexure-2 to the anticipatory bail application. It is also submitted that admittedly petitioners are not the criminals nor the blow is alleged to have been repeated.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.35188 of 2022(2) dt.14-11-2022 3/3 the case is pending/successor court in connection with Barachatti P.S. Case No. 105 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T