Kamlesh Yadav @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49163 of 2024 Arising Out of PS. Case No.-97 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== 1 .

KAMLESH YADAV @ MUKESH YADAV SON OF GIRJA YADAV VILLAGE- BHUBAN BIGHA, P.S.- PARAS BIGHA, DISTT.- JEHANABAD 2.

SUJEET KUMAR SON OF MITHLESH YADAV VILLAGE- BHUBAN BIGHA, P.S.- PARAS BIGHA, DISTT.- JEHANABAD 3 .

DEEPAK KUMAR SON OF KAMLESH YADAV @ MUKESH YADAV VILLAGE- BHUBAN BIGHA, P.S.- PARAS BIGHA, DISTT.- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 1 .

2. Permission is granted.

3 . The anticipatory bail application with regard to petitioner No. 1 is, accordingly, dismissed as withdrawn .

Patna High Court CR. MISC. No.49163 of 2024(5) dt.10-01-2025 2/3

4. Heard learned counsel for the petitioner Nos. 2 and 3 and the State.

5 . Petitioner Nos. 2 and 3 apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 341 , 307 and 504 of Indian Penal Code .

6. As per prosecution case , on the alleged date and time of occurrence , petitioner No. 3 and co accused Roushan Kumar caught hold of brother of informant and thereafter coaccused Kamlesh Yadav assaulted with sword on the head of brother of informant.

7. Learned counsel for the petitioners submits that as per F.I.R., specific accusation of assault is against co-accused Kamlesh yadav. So far as, these petitioners are concerned, there is no allegation of any overt act against them. 8 . Learned counsel for the informant vehemently opposed the bail application .

9. Considering the fact that there is no allegation of any overt act against these petitioners and other circumstances this anticipatory bail is allowed and it is ordered that let the above named petitioner Nos. 2 and 3 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.49163 of 2024(5) dt.10-01-2025 3/3 of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM Jehanabad in connection with Parasbigha P. S. Case No. 97 of 2021 , subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T