Shiv Shankar Yadav @ Upen Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5156 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

SHIV SHANKAR YADAV @ UPEN YADAV VIBHASH YADAV Resident of Village - Biri Ranpal, P.S. - Uda Kishunganj, District - Madhepura. 2.

Nitish Kumar Son of Shiv Shankar yadav @ Upen Yadav Resident of Village - Biri Ranpal, P.S. - Uda Kishunganj, District - Madhepura. 3.

Sourav Kumar Son of Shiv Shankar Yadav @ Upen Yadav Resident of Village - Biri Ranpal, P.S. - Uda Kishunganj, District - Madhepura. 4.

Brahmdeo Yadav Son of Bauku Yadav Resident of Village - Biri Ranpal, P.S. - Uda Kishunganj, District - Madhepura.

5.

Vinay Yadav @ Vilo @ Vijay @ Bilo Yadav Son of Jai Kant Yadav @ Jai Kumar Yadav Resident of Village - Biri Ranpal, P.S. - Uda Kishunganj, District - Madhepura.

6.

Anju Devi Wife of Shiv Shankar Yadav @ Upen Yadav Resident of Village - Biri Ranpal, P.S. - Uda Kishunganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 307, 504, 506, 354(B), 379, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.5156 of 2021(2) dt.13-04-2021 2/3 The prosecution allegation, in short, is that the accused persons came to the house of the informant and assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. Both the parties are agnates.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1, Uda Kishunganj, Madhepura in connection with Uda Kishunganj P.S.

Patna High Court CR. MISC. No.5156 of 2021(2) dt.13-04-2021 3/3 Case No. 249/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T