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Patna High CourtCR. MISC./41108/2022allowed

Khobari Yadav v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41108 of 2022 Arising Out of PS. Case No.-265 Year-2020 Thana- RAXAUL District- East Champaran ====================================================== 1.

KHOBARI YADAV Son of late Bhikhari Yadav Resident of village- Siswa, P.S- Raxaul, District- East Champaran 2.

Tulsi Yadav Son of late Shivlochan Yadav Resident of village- Siswa, P.SRaxaul, District- East Champaran 3.

Vijay Yadav Son of Late Shivlochan Yadav Resident of village- Siswa, P.SRaxaul, District- East Champaran 4.

Lalbabu Yadav Son of Rajendra Yadav Resident of village- Siswa, P.SRaxaul, District- East Champaran 5.

Rajendra Yadav Son of late Deonarayan Yadav Resident of village- Siswa, P.S- Raxaul, District- East Champaran 6.

Suresh Yadav Son of Late Babuchandra Yadav Resident of village- Siswa, P.S- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 324, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.41108 of 2022(3) dt.12-12-2022 2/2 petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation against the petitioners and the injuries caused by hard and blunt substance and the injury found upon the victim is simple in nature. He submits that there is allegation against the petitioner no.2 who have knife blow upon the informant. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.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 Raxaul P.S. Case No. 265/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T