Manji Yadav @ Patar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37304 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== 1.

Manji Yadav @ Patar Yadav Son Of Late Lori Yadav R/O Village- Charghat, P.S.- Bihiya (Bahoranpur), District- Bhojpur (Bihar) 2.

Ramesh Yadav Son Of Nand Kumar Yadav @ Sharda Yadav R/O VillageCharghat, P.S.- Bihiya (Bahoranpur), District- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, A.P.P For the Informant/s :

Mr. Sadanand Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 341, 323, 379, 307, 504 and 506 read with 34 of the Indian Penal Code. As per prosecution case, the petitioner and co-accused persons holding deadly weapons are alleged to have assaulted the informant and his son, causing head injury on the head of the informant. The co-accused Tabi Yadav also abused the

Patna High Court CR. MISC. No.37304 of 2022(3) dt.20-02-2023 2/3 informant and all the accused person took Rs. 20,000/- from the pocket of the informant and also snatched a SIM card and a mobile phone.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners are accused in one more criminal case as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioners.

Learned A.P.P. for the State as well as the learned counsel for the informant has vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the informant sustained grievous injury on occipital region. Considering the aforesaid facts and circumstances of the case as well as there is general and omnibus allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bhojpur at Ara in connection with Bihiya (Bahoranpur O.P) P.S. Case No. 52 of 2022, subject to conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.37304 of 2022(3) dt.20-02-2023 3/3 Criminal Procedure, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond .

This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T