Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.981 of 2021 Arising Out of PS. Case No.-296 Year-2019 Thana- NARHATT District- Nawada ====================================================== 1.

BIPIN YADAV Son of Late Kapil Yadav, Resident of Village Barabatta @ Barahbatta, P.S. - Narhat District - Nawada.

2.

Nitish Yadav @ Nitish Kumar Son of Ramjee Yadav, Resident of Village Barabatta @ Barahbatta, P.S. - Narhat District - Nawada. 3.

Sadhu Yadav Son of Late Etwari Yadav, Resident of Village Barabatta @ Barahbatta, P.S. - Narhat District - Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

The petitioners apprehend their arrest in connection with Narhat P.S. Case No. 296 of 2019 registered for offence punishable under sections 147, 148, 323, 307, 354, 379, 504, 506 of the Indian Penal Code.

As per FIR, the accused persons attacked the house of the informant and assaulted the family members of the

Patna High Court CR. MISC. No.981 of 2021(4) dt.21-12-2021 2/3 informant, including him. The specific allegation against the petitioner no. 1 Bipin Yadav and petitioner no. 2 Nitish Yadav is that they inflicted Khanti blow on the head of the informant as a result of which he fell down on the ground and co-accused, Tutu Yadav inflicted repeated lathi blow on his person. The learned counsel for the petitioners has submitted that there is case and counter case and the counter case has been lodged by the petitioner no. 2 which is prior to the present FIR although of the same day. He has also submitted that some accused persons have been granted anticipatory bail in Cr. Misc. No. 9999 of 2020, vide order dated 04.03.2020. The allegation against the petitioners no. 1 and 2 is that they, with intention to kill the informant, inflicted Khanti blow on his head and the informant has sustained four injuries on his person and those injuries, as per opinion of the doctor, are grievous in nature. As such their prayer for anticipatory bail is hereby rejected.

So far as petitioner no. 3 is concerned, the allegation against him is general and omnibus in nature. As such, let the petitioner no. 3, Sadhu Yadav, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like

Patna High Court CR. MISC. No.981 of 2021(4) dt.21-12-2021 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Nawada in connection with Narhat P.S. Case No. 296 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T