Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41087 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Pintu Yadav S/O Sri Arjun Yadav R/O Village- Singhaul, Ps. Mufassil, Dist. Nawada 2.

Mukesh Yadav @ Mukesh Kumar S/O Sri Arjun Yadav R/O VillageSinghaul, Ps. Mufassil, Dist. Nawada 3.

Vinay Yadav @ Vinay Kumar S/O Sri Arjun Yadav R/O Village- Singhaul, Ps. Mufassil, Dist. Nawada 4.

Mohan Yadav @ Mohan Kumar S/O Sri Tulsi Yadav R/O Village- Singhaul, Ps. Mufassil, Dist. Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the State :

Ms. Renu Kumari For the Informant :

Mr. Sheo Kumar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 1.

3. Permission is granted.

4. Accordingly, the application with regard to petitioner no. 1 is dismissed as withdrawn.

5. Now, this application is being heard only with

Patna High Court CR. MISC. No.41087 of 2023(3) dt.18-08-2023 2/3 regard to petitioners no. 2 to 4.

6. Heard learned counsel for the petitioners and learned A.P.P. for the State.

7. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354(B), 504, 506/34 of the Indian Penal Code.

8. As per the prosecution case, petitioners along with other accused persons are said to have assaulted Mithilesh Kumar.

9. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that that is no specific overt act against the petitioners. He further submits that both the parties are agnates and a title suit is pending between the parties. Petitioners no. 2, 3 and 4 have two criminal antecedents as mentioned in para-3 of this application.

10. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail and submitted that the injured person sustained six injuries, which were grievous in nature it is clear from the impugned order.

Patna High Court CR. MISC. No.41087 of 2023(3) dt.18-08-2023 3/3

11. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners no. 2, 3 and 4, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nawada Mufassil P.S. Case No.18 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

12. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T