Manbharan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6689 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== 1.

MANBHARAN YADAV S/O SHRI DADAN YADAV R/O VILLAGERAMKARHI, P.S-SHAHPUR, DISTRICT-BHOJPUR. 2.

VICKY YADAV S/O SHRI KISHUN YADAV R/O VILLAGERAMKARHI, P.S-SHAHPUR, DISTRICT-BHOJPUR. 3.

TUNTUN YADAV S/O SHRI JAYNARAYAN YADAV R/O VILLAGERAMKARHI, P.S-SHAHPUR, DISTRICT-BHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Gopal Govind Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehended their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

As per the FIR, co-accused Dadan Yadav shot fire with the licencee rifle upon one Kamla Yadav and Vijay Kumar, causing injury to them, as a result of which Kamla Yadav died. Nackchedi Yadav tried to pacify the matter, but he was assaulted by co-accused Kishun Yadav, Tuntun Yadav, Anil Yadav and Vicky Yadav with bricks on his head.

Patna High Court CR. MISC. No.6689 of 2021(3) dt.04-01-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have committed no offence and have falsely been implicated in the present case. It is further submitted that neither is there any injury report nor any material to show that so called injured Nackchedi Yadav was treated at any place by any Doctor. He further submits that petitioners have got clean antecedent.

Learned APP appearing for the State as well as the Informant has opposed the prayer for anticipatory bail. In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhojpur at Ara in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 167 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T