Shalendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47743 of 2022 Arising Out of PS. Case No.-113 Year-2021 Thana- ATRI District- Gaya ====================================================== 1.

SHALENDRA YADAV Son of Adit Yadav @ Aadity Prasad @ Aditya Yadav Resident of Village - Tikar, P.S.- Atari, District - Gaya. 2.

Birendra Yadav Son of Adit Yadav @ Aadity Prasad @ Aditya Yadav Resident of Village - Tikar, P.S.- Atari, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioner no.2, Birendra Yadav as he has already been apprehended by the police during pendency of this application. Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.2, Birendra Yadav is concerned.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner No.1, Shalendra Yadav apprehends his arrest in connection with Atari P.S. Case No.113 of 2021, registered for the offences punishable under Sections 341, 323, 308, 354, 379, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.47743 of 2022(2) dt.06-12-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is also submitted that the injuries are simple in nature.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts that there is case and counter case between the parties and both sides sustained injuries, let petitioner no.1, namely, Shalendra Yadav, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Gaya/concerned court in connection with Atari P.S. Case No.113 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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