Pawan Yadav @ Pawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39037 of 2022 Arising Out of PS. Case No.-163 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.

PAWAN YADAV @ PAWAN SON OF NAGO YADAV R/O VILLAGENISTA, P.S.- SURAJGARHA, DISTRICT- LAKHISARAI 2.

SAJAN YADAV @ SAJAN SON OF NAGO YADAV R/O VILLAGENISTA, P.S.- SURAJGARHA, DISTRICT- LAKHISARAI 3.

SULO YADAV @ SURENDRA YADAV SON OF NAGO YADAV R/O VILLAGE- NISTA, P.S.- SURAJGARHA, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 385, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleges that on 16.08.2020 at 8:00 pm while he was returning to his house from his bathan when he came near the Shiv temple when 20 accused including the petitioners along with 10-15 unidentified accused came variously armed and surrounded the informant and thereafter

Patna High Court CR. MISC. No.39037 of 2022(2) dt.06-12-2022 2/3 Sunny gave orders to kill by pointing gun at the informant, thereafter, Nitish assaulted with lathi on his head and when his family members intervened, the accused persons also assaulted them with bricks, stones and even fired, it is next alleged that reasons for the occurrence is that Sunny and Nitish had asked for extortion of Rs. 5,00,000/- when the informant was constructing his house on his land.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that allegation against them are general and omnibus in nature and are co-villagers and neighbours and there is a counter case also. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court 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

Patna High Court CR. MISC. No.39037 of 2022(2) dt.06-12-2022 3/3 Surajgraha P.S. Case No. 163 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T