Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50738 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- KONCH District- Gaya ====================================================== 1.

BIRENDRA KUMAR Son of Shiv Prasad Yadav @ Sheo Prasad Yadav Resident of Village - Amra, P.S. - Konch, District - Gaya. 2.

M. P. Yadav @ Jitendra Kumar Son of Shiv Prasad Yadav @ Sheo Prasad Yadav Resident of Village - Amra, P.S. - Konch, District - Gaya. 3.

Upendra Yadav @ Upendra Kumar Son of Rajendra Yadav Resident of Village - Amra, P.S. - Konch, District - Gaya. 4.

Sunil Yadav Son of Mahendra Yadav Resident of Village - Amra, P.S. - Konch, District - Gaya.

5.

Upendra Yadav @ Upendra Kumar Son of Janeshwar Yadav Resident of Village - Amra, P.S. - Konch, District - Gaya. 6.

Butta Yadav @ Budda Yadav Son of Lorik Yadav Resident of Village - Amra, P.S. - Konch, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Nandan, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-04-2022 Learned counsel for the petitioners seeks permission to withdraw the application with regard to petitioner no.4 (Sunil Yadav) and petitioner no.6 (Butta Yadav).

Permission is accorded.

The application with regard to petitioner no.4 (Sunil Yadav) and petitioner no.6 (Butta Yadav) is, accordingly, dismissed as withdrawn.

Heard both sides.

Petitioner nos.1, 2, 3 and 5 apprehend their arrest in Konch P.S. Case No.63 of 2021 registered under Sections 147,

Patna High Court CR. MISC. No.50738 of 2021(2) dt.12-04-2022 2/2 148, 149, 341, 323, 353, 427 and 379 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in this case.

It is further submitted that similarly situated co-accused Shiv Prasad Yadav @ Sheo Prasad Yadav has been granted anticipatory bail by this Court vide order dated 25.03.2022 passed in Cr.Misc.No.49413 of 2021.

The petitioners have got no criminal antecedent.

Having considered the above facts and circumstances of the case, petitioner nos.1, 2, 3 and 5, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing personal bonds to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Konch P.S. Case No.63 of 2021, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Harish/- (Arvind Srivastava, J) U T