Kamlesh Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46407 of 2022 Arising Out of PS. Case No.-637 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== 1.

KAMLESH KUMAR @ PAPPU YADAV Son of Late Balmiki Yadav Resident of Village - Patrang, P.S.- Akbarpur, District - Nawada. 2.

Subodh Kumar Son of Rajendra Yadav Resident of Village - Patrang, P.S.- Akbarpur, District - Nawada.

3.

Rajan Kumar @ Ranjan Kumar Son of Rajendra Yadav Resident of Village - Patrang, P.S.- Akbarpur, District - Nawada.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks.

Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1, submitting that during pendency of this application petitioner no.1 has been apprehended by the police.

Permission is granted.

Accordingly, this application is dismissed as withdrawn in respect of petitioner no.1 only.

Patna High Court CR. MISC. No.46407 of 2022(2) dt.05-12-2022 2/3 Now, this application survives for petitioner nos.2 and 3.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 452, 341, 323, 325, 425, 379, 504 & 506/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, both the parties are neighbours and their houses are situated to each other and on a trivial issue some hot exchange of words took place between the informant and Abha Devi and Kaushalya Devi and some push and pull happened between them. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.2 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.46407 of 2022(2) dt.05-12-2022 3/3 satisfaction of the learned lower Court where the case is pending/successor Court in connection with Akbarpur P.S. Case No.637 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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