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Patna High CourtCR. MISC./40786/2023bail granted

Umesh Yadav @ Umesh Chandra v. The State Of Bihar

2023-08-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40786 of 2023 Arising Out of PS. Case No.-221 Year-2020 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

Umesh Yadav @ Umesh Chandra Son of Late Sheetal Yadav Resident of village - Sonsa, P.S.- Neemchak Bathani, District - Gaya 2.

Vijay Yadav @ Vijay Kumar Son of Late Sheetal Yadav Resident of village - Sonsa, P.S.- Neemchak Bathani, District - Gaya 3.

Rahul Yadav @ Rahul Kumar Son of Umesh Yadav @ Umesh Chandra Resident of village - Sonsa, P.S.- Neemchak Bathani, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Manisha Prakash, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

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

2. The petitioners apprehend their arrest in connection with Neemchak Bathani P.S. Case No. 221 of 2020 registered for the offences punishable under Sections 341, 323, 308, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and informant alleges that on account of a dispute relating to construction of road, the accused persons, including the petitioners, started assaulting the informant with lathi-danda and when his mother

Patna High Court CR. MISC. No.40786 of 2023(2) dt.03-08-2023 2/2 came to save him, she was also assaulted and petitioner (Umesh Yadav) snatched her earring.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that on a trivial issue, an altercation took place in which both the sides assaulted each other, it is further submitted that the injuries suffered by the injured is simple in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. 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 Court below 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 court below where the case is pending/successor court in connection with Neemchak Bathani P.S. Case No. 221 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T