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Patna High CourtCR. MISC./8691/2021bail granted

Sanjay Yadav v. The State Of Bihar

2021-04-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8691 of 2021 Arising Out of PS. Case No.-331 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== 1.

SANJAY YADAV S/O- Naga Yadav Resident of Village - Gaddupur, P.S. Harsidhi, District - East Champaran.

2.

NAGA YADAV S/o- Maharaj Yadav Resident of Village - Gaddupur, P.S. Harsidhi, District - East Champaran.

3.

JANARDHAN YADAV S/O- Naga Yadav Resident of Village - Gaddupur, P.S. Harsidhi, District - East Champaran.

4.

Sharawan Yadav S/O- Naga Yadav Resident of Village - Gaddupur, P.S. Harsidhi, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioners assaulted the informant by means of knife, due to which he sustained injuries.

Patna High Court CR. MISC. No.8691 of 2021(2) dt.13-04-2021 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The nature of injury is said to be simple. Hence no offence under Section 307 of I.P.C. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. case No.331 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T