Arun Yadav @ Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60399 of 2021 Arising Out of PS. Case No.-280 Year-2021 Thana- MANER District- Patna ====================================================== 1.
ARUN YADAV @ ARUN KUMAR S/o SURAJDEO RAI R/o VILLAGEHULASI TOLA, P.S- MANER, DISTRICT-PATNA. 2.
DHIRAJ KUMAR S/o ARUN YADAV @ ARUN KUMAR R/o VILLAGEHULASI TOLA, P.S- MANER, DISTRICT-PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2022 Heard learned senior counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 147, 448, 341, 323, 325, 354(B), 427, 379 and 504 of the Indian Penal Code.
Learned senior counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent and the informant alleges that on 17.07.2021 at 12:30 P.M. on account of quarrel between children, the accused persons including the petitioners along with 8-10 unknown came variously armed with deadly weapon
Patna High Court CR. MISC. No.60399 of 2021(2) dt.13-07-2022 2/3 and entered her home, it is next alleged that the accused persons started assaulting with brick and rod causing injury on the head of her father-in-law, it is next alleged that the whole house was damaged, articles were thrown away and the accused persons also disrobed her sister-in-law. It is further alleged that Neeraj Kumar snatched her golden Jitiya, Monu Kumar snatched the golden chain of her sister-in-law and also took out Rs. 50,000/- and nose pin kept in the box.
Learned senior counsel for the petitioners submits that from bare perusal of allegation as alleged in the F.I.R. it would manifest that the occurrence took place on account of quarrel between children of the two families, it is next submitted that the allegations are general and omnibus in nature, no specific overt act has been alleged against any of the accused persons. Learned counsel submits that from perusal of Annexure-3, it would manifest that the injury suffered by the injured is simple in nature, it is thus submitted that on account of dispute between children, the present occurrence took place.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.60399 of 2021(2) dt.13-07-2022 3/3 event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Maner P.S. Case No. 280 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T