Brajesh Yadav @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49023 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- BATH District- Bhagalpur ====================================================== 1.

BRAJESH YADAV @ RUPESH KUMAR Son of Ajay Yadav Resident of Village - Girdharpur, P.s.- Bath, Distt.- Bhagalpur. 2.

Sattan Yadav @ Satan Kumar Son of Sahendra Yadav @ Sahinder Yyadav Resident of Village - Girdharpur, P.s.- Bath, Distt.- Bhagalpur. 3.

Kailash Yadav Son of Late Mahendra Yadav Resident of Village - Girdharpur, P.s.- Bath, Distt.- Bhagalpur.

4.

Mukesh Yadav @ Mukesh Kumar Son of Kailash Yadav Resident of Village - Girdharpur, P.s.- Bath, Distt.- Bhagalpur.

5.

Rajesh Mandal @ Rajesh Kumar Son of Arbind Mandal Resident of Village - Girdharpur, P.s.- Bath, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code, registered in connection with Bath P.S.Case No. 49 of 2022.

The learned counsel for the petitioners has submitted that the specific allegation to inflict spade blow on the head of the informant's son is on co-accused Madan Yadav and not on

Patna High Court CR. MISC. No.49023 of 2022(2) dt.11-01-2023 2/2 the petitioners. There is case and counter case and the allegations against the petitioners are general and omnibus. He has submitted further that the case has been registered after 13 days of the occurrence.

Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-XIII, Bhagalpur in connection with Bath P.S.Case No. 49 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T