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Patna High CourtCR. MISC./949/2021allowed

Chulho Yadav v. The State Of Bihar

2021-10-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.949 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- BELHAR District- Banka ====================================================== 1.

Chulho Yadav Son Of Chhote Yadav Resident Of Village - Kharaudha, P. S. - Belhar, District - Banka.

2.

Bhola Yadav Son Of Chhote Yadav Resident Of Village - Kharaudha, P. S. - Belhar, District - Banka.

3.

Mukesh Kumar Yadav @ Mukesh Yadav Son Of Chulho Yadav Resident Of Village - Kharaudha, P. S. - Belhar, District - Banka. 4.

Chhote Yadav Son Of Gopi Yadav Resident Of Village - Kharaudha, P. S. - Belhar, District - Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-10-2021 Learned counsel for the petitioners seeks permission to withdraw the application of Chulho Yadav (petitioner no.1) and Chhote Yadav (petitioner no.4) as both have already been arrested.

Permission is accorded.

The application of Chulho Yadav (petitioner no.1) and Chhote Yadav (petitioner no.4) is, accordingly, dismissed as withdrawn.

Heard learned counsel for petitioner no.2 (Bhola Yadav) and petitioner no.3 (Mukesh Kumar Yadav @ Mukesh

Patna High Court CR. MISC. No.949 of 2021(2) dt.28-10-2021 2/2 Yadav) and learned A.P.P. for the State.

Petitioner nos.2 and 3 apprehend their arrest in Belhar P.S. Case No.206 of 2020 registered under Sections 302/34 of the Indian Penal Code.

Learned counsel for petitioners submits that the petitioners have committed no offence and have falsely been implicated in the present case only on the basis of suspicion. Petitioners have got no criminal antecedent.

Having considered the facts aforesaid, petitioner nos.2 and 3, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing personal bonds to the satisfaction of Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No.206 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Harish/- U T