Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36651 of 2022 Arising Out of PS. Case No.-224 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== 1.
UMESH YADAV SON OF BINDESHWARI YADAV @ BACHA YADAV RESIDENT OF KORIYAPATTI DEVIPUR, WARD NO.6, P.S.- RAGHOPUR, DISTRICT- SUPAUL 2.
PAWAN YADAV SON OF BINDESHWARI YADAV @ BACHA YADAV RESIDENT OF KORIYAPATTI DEVIPUR, WARD NO.6, P.S.- RAGHOPUR, DISTRICT- SUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, A.P.P.
Mr. Naresh Kumar Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 2.
Permission is accorded.
Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 2. The petitioner no. 1 apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 354B, 379, 427, 504 and 506 of
Patna High Court CR. MISC. No.36651 of 2022(2) dt.30-11-2022 2/3 the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Bindeshwari gave orders to kill and even assaulted her husband by farsa causing injury on head further accused persons also assaulted her and disrobed her, further Pawan Yadav assaulted Arjun by farsa causing injury on head, thereafter it is alleged that accused person also assaulted her sister-in-law and snatched ornaments.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the allegation against the petitioner is general and omnibus in nature and specific allegation of assault is against Pawan.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner but are not able to rebut the submission of the learned counsel for the petitioner that the allegation against the petitioner is general and omnibus in nature.
Considering the submissions made by the learned counsel for the petitioner, the petitioner no. 1 above-named, in the event of his arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.36651 of 2022(2) dt.30-11-2022 3/3 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 trial court where the case is pending/successor court in connection with Raghopur P.S. Case No. 224 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T