Parikha Yadav @ Ram Parikha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37816 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

PARIKHA YADAV @ RAM PARIKHA YADAV SON OF LATE RAM CHANDRA YADAV R/O VILLAGE- LILACHAK, P.O.- SHANSHA, P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) 2.

ALAKH YADAV @ HALAKH YADAV SON OF LATE RAM CHANDRA YADAV R/O VILLAGE- LILACHAK, P.O.- SHANSHA, P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) 3.

YOGESH YADAV @ JUGESH YADAV SON OF PARIKHA YADAV @ RAM PARIKHA YADAV R/O VILLAGE- LILACHAK, P.O.- SHANSHA, P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) 4.

KAMESHWAR YADAV SON OF LATE RAM CHANDRA YADAV R/O VILLAGE- LILACHAK, P.O.- SHANSHA, P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) 5.

SIKANDAR KUMAR SON OF RAM DESHWAR YADAV R/O VILLAGE- LILACHAK, P.O.- SHANSHA, P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) 6.

ARVIND KUMAR SON OF PARIKHA YADAV @ RAM PARIKHA YADAV R/O VILLAGE- LILACHAK, P.O.- SHANSHA, P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within

Patna High Court CR. MISC. No.37816 of 2022(2) dt.29-09-2022 2/3 stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147/341/323/379/504/308 IPC. Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant side by means of various weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has no criminal antecedent. The parties are agnates and there is old enmity between them. It is submitted that for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. It has come in the impugned order that no injury report has been adduced by the prosecution.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, no injury report was adduced by the prosecution, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.37816 of 2022(2) dt.29-09-2022 3/3 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 Daudnagar P.S. Case No.353 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T