Tarak Yadav @ Tarak Nath Yadav @ Tadak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3086 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== 1.

TARAK YADAV @ TARAK NATH YADAV @ TADAK YADAV S/O KASHI NATH YADAV RESIDENT OF ALEKHI TOLA, SHEO DIARA (DITTO) NEKNAM TOLA, P.S. BARHARA, DISTRICT-BHOJPUR (ARRAH).

2.

SHANKAR YADAV S/O KASHINATH YADAV RESIDENT OF ALEKHI TOLA, SHEO DIARA (DITTO) NEKNAM TOLA, P.S. BARHARA, DISTRICT-BHOJPUR (ARRAH).

3.

AMARJEET YADAV S/O LATE CHHOTE LAL YADAV RESIDENT OF ALEKHI TOLA, SHEO DIARA (DITTO) NEKNAM TOLA, P.S. BARHARA, DISTRICT-BHOJPUR (ARRAH).

4.

VIJAY YADAV @ VIJAY RAI S/O KASHINATH YADAV RESIDENT OF ALEKHI TOLA, SHEO DIARA (DITTO) NEKNAM TOLA, P.S. BARHARA, DISTRICT-BHOJPUR (ARRAH).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Vardhan Narayan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 324/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.3086 of 2021(2) dt.15-07-2021 2/3 Allegedly, in the backdrop of petty feud, an altercation took place between the parties and in consequence thereof, the accused persons are alleged to have assaulted the informant, his brother and his uncle, as a result of 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 nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. At best, it is a case for the offence under Section 324 of the Indian Penal Code. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara P.S. Case No. 223 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.3086 of 2021(2) dt.15-07-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T