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Patna High CourtCR. MISC./49903/2022bail granted

Gama Yadav @ Laxman @ Laxman Yadav v. The State Of Bihar

2023-02-08Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49903 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- KOPA District- Saran ====================================================== 1.

GAMA YADAV @ LAXMAN @ LAXMAN YADAV Son of Late Sadhu Yadav Resident of Village - Ujiyardes ke Tola, Dewariya, P.s.- Kopa, Distt.- Saran.

2.

Raju Yadav @ Raju Kumar Yadav Son of Vakil Yadav Resident of Village - Ujiyardes ke Tola, Dewariya, P.s.- Kopa, Distt.- Saran. 3.

Deepak Yadav @ Deepak Kumar Yadav Son of Vakil Yadav Resident of Village - Ujiyardes ke Tola, Dewariya, P.s.- Kopa, Distt.- Saran. 4.

Mantu Yadav @ Mantu Kumar Yadav Son of Vakil Yadav Resident of Village - Ujiyardes ke Tola, Dewariya, P.s.- Kopa, Distt.- Saran. 5.

Sachin Yadav @ Sachin Kumar Yadav Son of Gama Yadav Resident of Village - Ujiyardes ke Tola, Dewariya, P.s.- Kopa, Distt.- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-02-2023 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 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Kopa P.S.Case No. 65 of

Patna High Court CR. MISC. No.49903 of 2022(3) dt.08-02-2023 2/3 2021.

The named accused persons equipped with lathi, stick, knife, iron rod etc. came to the house of the informant and asked him to withdraw the earlier case. The informant replied that he has already filed a compromise petition in that case, whereupon co-accused Pintu Yadav assaulted him with knife. Co-accused Gama Yadav fired four rounds shot from his pistol and all the accused persons snatched a gold chain from Muthilesh Kumar Singh.

The learned counsel for the petitioners has submitted that the allegation against the petitioners is general and omnibus. The earlier case, as per the FIR, has already been compromised and there is no specific allegation against the petitioners to inflict assault.

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 CJM, Chapra, Saran in connection with Kopa P.S.Case No. 65 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.49903 of 2022(3) dt.08-02-2023 3/3 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