Tetar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54823 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- HABIBPUR District- Bhagalpur ====================================================== 1.

TETAR YADAV Son of Late Peru Yadav Resident of Village- Shahjangi Navtolia, P.S.- Habibpur, District- Bhagalpur. 2.

Anant Yadav Son of Tetar Yadav Resident of Village- Shahjangi Navtolia, P.S.- Habibpur, District- Bhagalpur.

3.

Akshay Yadav Son of Tetar Yadav Resident of Village- Shahjangi Navtolia, P.S.- Habibpur, District- Bhagalpur.

4.

Anandi Yadav Son of Tetar Yadav Resident of Village- Shahjangi Navtolia, P.S.- Habibpur, District- Bhagalpur.

5.

Raja Yadav @ Ashutosh Kumar Son of Anant Yadav Resident of VillageShahjangi Navtolia, P.S.- Habibpur, District- Bhagalpur. 6.

Shabnam Kumari D/o- Anant Yadav Resident of Village- Shahjangi Navtolia, P.S.- Habibpur, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 308, 353, 504, 427 and 395 of the

Patna High Court CR. MISC. No.54823 of 2021(3) dt.26-09-2022 2/3 Indian Penal Code.

Petitioners are said to have attacked on police team by means of brick, stone, lathi and danda.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have one criminal antecedent as stated in para3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that injuries found upon the victim are simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Habibpur P.S. Case

Patna High Court CR. MISC. No.54823 of 2021(3) dt.26-09-2022 3/3 No. 40 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T