Kari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37575 of 2020 Arising Out of PS. Case No.-578 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

KARI YADAV Son of Bal Govind Yadav Resident of Village - Suja, Muffasil, District - Begusarai.

2.

Raju Kumar Yadav @ Raju Yadav S/O Kari Yadav Resident of Village - Suja, Muffasil, District - Begusarai.

3.

Rajan Kumar Son of Kari Yadav Resident of Village - Suja, Muffasil, District - Begusarai.

4.

Golu Kumar Son of Kari Yadav Resident of Village - Suja, Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 447, 341, 323, 324, 307, 315, 379, 504 /34 of the Indian Penal Code.

Allegedly, the accused persons having armed with, came to the house of informant and started abusing. On protest, Raju

Patna High Court CR. MISC. No.37575 of 2020(2) dt.14-07-2021 2/3 Yadav is said to have assaulted on the head of informant as a result of which, he sustained head injury. When the informant's father and sister came to rescue him, they were also asaulted. Rs. 1100/- is also alleged to have taken away by the accused persons.

It has been submitted on behalf of the petitioners that the petitioner Nos. 3 & 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The case has been instituted due to previous enmity. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 578 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.37575 of 2020(2) dt.14-07-2021 3/3 Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T