Shyamdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.952 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- SONO District- Jamui ====================================================== 1.

SHYAMDEO YADAV Son of Bhelu Yadav Resident of Village - Bhagwana, P.S. - Sono (Charka Patthar), District - Jamui 2.

Bikku Yadav @ Bikoo Yadav Son of Bhelu Yadav Resident of Village - Bhagwana, P.S. - Sono (Charka Patthar), District - Jamui 3.

Raj Kumar Yadav Son of Prabhu Yadav Resident of Village - Bhagwana, P.S. - Sono (Charka Patthar), District - Jamui 4.

Dukhi Yadav Son of Late Kanshi Yadav Resident of Village - Bhagwana, P.S. - Sono (Charka Patthar), District - Jamui 5.

Umesh Yadav Son of Prabhu Yadav Resident of Village - Bhagwana, P.S. - Sono (Charka Patthar), District - Jamui 6.

Anil Yadav Son of Late Nageshwar Yadav Resident of Village - Bhagwana, P.S. - Sono (Charka Patthar), District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Pd. Keshri, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-10-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sono (Charka Patthar) P.S. Case No. 153 of 2020 registered under Sections 147, 148, 149, 341, 323, 307, 379, 504

Patna High Court CR. MISC. No.952 of 2021(2) dt.28-10-2021 2/3 and 506 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. There is no specific allegation against the petitioner nos. 5 and 6. Further submission is that petitioners have no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of petitioner nos. 1, 2, 3 and 4 by contending that the first information report itself shows that there are specific allegation of assaults against the petitioners by means of Tangi on the head of the informant's son. The injury report also corroborates the same. Hence, petitioner nos. 1, 2, 3 and 4 do not deserve anticipatory bail.

Having considered the facts and circumstances of the case, prayer of the petitioner nos. 1, 2, 3 and 4 for grant of anticipatory bail is rejected.

So far as prayer of petitioner nos. 5 and 6 is concerned, their prayer for grant of anticipatory bail is allowed. Let the above named petitioner nos. 5 and 6 be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Judicial Magistrate-Ist, Jamui in

Patna High Court CR. MISC. No.952 of 2021(2) dt.28-10-2021 3/3 connection with Sono (Charka Patthar) P.S. Case No. 153 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) utkarsh/- U T