Sethu Yadav @ Setho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45839 of 2022 Arising Out of PS. Case No.-575 Year-2021 Thana- GOGRI District- Khagaria ====================================================== 1.

SETHU YADAV @ SETHO YADAV SON OF ISHO YADAV R/O VILLAGE- PRATOUNJHIA, P.S.- GOGARI, DIST.- KHAGARIA 2.

TUMI YADAV @ TUNTUN YADAV SON OF ISHO YADAV R/O VILLAGE- PRATOUNJHIA, P.S.- GOGARI, DIST.- KHAGARIA 3.

PRADIP YADAV SON OF LATE ARUN YADAV R/O VILLAGEPRATOUNJHIA, P.S.- GOGARI, DIST.- KHAGARIA 4.

MANISH KHIRHARI @ YADAV @ NARESH YADAV SON OF DAHU KHIRHARI R/O VILLAGE- PRATOUNJHIA, P.S.- GOGARI, DIST.- KHAGARIA 5.

GUDDU YADAV SON OF SANJAY YADAV R/O VILLAGEPRATOUNJHIA, P.S.- GOGARI, DIST.- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 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, 149, 341, 323, 504, 385, 379, 354(B) of the Indian Penal Code and

Patna High Court CR. MISC. No.45839 of 2022(2) dt.01-12-2022 2/3 Section 27 of the Arms Act.

Petitioners along with other co-accused persons are said to have surrounded the informant and demanded Rs. 5,00,000/- as extortion. On protest they made firing and snatched informant's golden chain.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is case and counter case between the parties. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 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 there is no specific overt act against the petitioners, 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 bonds 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

Patna High Court CR. MISC. No.45839 of 2022(2) dt.01-12-2022 3/3 pending/successor court in connection with Gogari P.S. Case No. 575 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