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Patna High CourtCR. MISC./46854/2022allowed

Lalan Yadav v. The State Of Bihar

2022-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46854 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== 1.

Lalan Yadav S/O Late Jehal Yadav R/O Village- Amma, P.S.- Bodhgaya, District- Gaya 2.

Vikash Kumar @ Vikash Raj S/O Lalan Yadav R/O Village- Amma, P.S.- Bodhgaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashid Izhar, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 448, 341, 323, 307 and 34 of the Indian Penal Code.

Petitioners along with other co-accused persons are said to have assaulted the informant by means of lathi, khanti and iron rod as a result of which he sustained head injury. They also assaulted the father of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the

Patna High Court CR. MISC. No.46854 of 2022(2) dt.06-12-2022 2/2 parties and both sides have sustained injury. He submits that there is no specific allegation against the petitioners. He submits that there is general and omnibus allegation leveled against the petitioners. He further submits that petitioners have fair criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, 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 bond 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 pending/successor court in connection with Bodhgaya P.S. Case No. 45 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) guddukr/- U T