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Patna High CourtCR. MISC./53774/2021bail granted

Sakindra Yadav @ Sikandra Yadav @ Sateyndra Kumar Yadav v. The State Of Bihar

2022-08-31Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53774 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- ARIYARI District- Sheikhpura ====================================================== 1.

SAKINDRA YADAV @ SIKANDRA YADAV @ SATEYNDRA KUMAR YADAV S/O CHANDRIKA YADAV, R/o village- Fulchor, P.S.- Ariyari (Mahuli O.P.), District- Sheikhpura 2.

Dharo Yadav S/o Chandrika Yadav, R/o village- Fulchor, P.S.- Ariyari (Mahuli O.P.), District- Sheikhpura 3.

Chandrika Yadav S/o Late Baiju Yadav, R/o village- Fulchor, P.S.- Ariyari (Mahuli O.P.), District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. At the outset, the learned counsel for the petitioners has submitted that petitioner no. 1, Sakindra Yadav has been arrested and as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this bail petition with respect to petitioner no. 1.

In view of the above submission, this petition is dismissed as withdrawn with respect to petitioner no. 1.

Patna High Court CR. MISC. No.53774 of 2021(3) dt.31-08-2022 2/3 So far as petitioner nos. 2 to 3 are concerned, they apprehend their arrest in connection with Ariyari (Mahuli O.P.) P.S. Case No. 52/2021 registered for offence punishable under sections 341, 147, 148, 149, 307, 323, 504 and 506 of the Indian Penal Code.

As per allegation, there was land dispute between the parties. The specific allegation against petitioner no. 2 is that he assaulted the informant with iron rod and the accused persons also assaulted his wife.

The learned counsel for the petitioners has submitted that there is land dispute between the parties and the injuries are simple in nature and the petitioners are the persons of clean antecedents.

Considering the above-mentioned facts and circumstances, let petitioner nos. 2 and 3, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Ariyari (Mahuli O.P.) P.S. Case No. 52/2021, 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,

Patna High Court CR. MISC. No.53774 of 2021(3) dt.31-08-2022 3/3 failing which, the matter shall be brought to the notice of this Court.

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