Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37830 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- MASAUDHI District- Patna ====================================================== BRAJESH YADAV, S/o Awadh Yadav, Resident of Village-Balaitha, P.S.- Masaurhi, District-Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Adv.

For the Opposite Party :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2021 As prayed for, through video conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 21.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties through video conferencing. The petitioner seeks pre-arrest bail in connection with Masaurhi P.S. Case No. 336 of 2019, registered under Sections 341, 342, 323, 504, 379, 308 and 34 of the Indian Penal Code. The accusation is that Chandan Kumar, son of the informant, was returning from Nadaul to Berra boarding on motorcycle, along with his associates, in the way six persons named in the first information report, including the petitioner, surrounded the son of the informant and his associates while associates of his son, Chandan Kumar, fled away, but, his son was assaulted by them through butt of pistol near Balaitha, thereafter, informant went there and carried his son with the help of villagers.

Patna High Court CR. MISC. No.37830 of 2020(2) dt.05-07-2021 2/2 Submission is that while the petitioner is named in the first information report along with five persons, but, no specific overt act has been attributed against the petitioner. The petitioner has no criminal antecedent. Further, submission is that Manish Kumar @ Shashi Ranjan, has already been granted anticipatory bail in Cr. Misc. No. 22001 of 2020 vide order, dated 28.08.2020, by a coordinate Bench of this Court, which would appear from Annexure 2.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender, within a period of four weeks from today, in connection with Masaurhi P.S. Case No. 336 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Masaurhi, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T