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Patna High CourtCR. MISC./35906/2022allowed

Surendra Yadav v. The State Of Bihar

2022-09-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35906 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- TEYAR District- Bhojpur ====================================================== 1.

Surendra Yadav Son Of Late Jai Yadav R/O Village- Jadopur, P.S.- Tiyar, District- Bhojpur 2.

Raj Kishore Yadav Son Of Shiv Muni Yadav R/O Village- Jadopur, P.S.- Tiyar, District- Bhojpur 3.

Shiv Kumari Devi Wife Of Surendar Yadav R/O Village- Jadopur, P.S.- Tiyar, District- Bhojpur 4.

Durga Kumari D/O Surendar Yadav R/O Village- Jadopur, P.S.- Tiyar, District- Bhojpur 5.

Prabhawati Kuer Wife Of Late Shiv Muni Yadav R/O Village- Jadopur, P.S.- Tiyar, District- Bhojpur 6.

Ram Bahadur Yadav Son Of Kasi Yadav R/O Village- Jadopur, P.S.- Tiyar, District- Bhojpur 7.

Rinku Devi Wife Of Raj Kishore Yadav R/O Village- Jadopur, P.S.- Tiyar, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 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, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. Petitioners are said to have assaulted on the head of the

Patna High Court CR. MISC. No.35906 of 2022(2) dt.28-09-2022 2/2 informant's son and also misbehaved with the daughter of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He further submits that petitioners have no 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, 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 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 Tiyar P.S. Case No. 7 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T