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Patna High CourtCR. MISC./50302/2022allowed

Jitendra Yadav v. The State Of Bihar

2023-02-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50302 of 2022 Arising Out of PS. Case No.-76 Year-2020 Thana- ATRI District- Gaya ====================================================== 1.

Jitendra Yadav S/O Late Jagdish Yadav R/O Village- Rajwara Kala, P.S.- Atri, District- Gaya 2.

Sicko Yadav @ Sikandra Yadav S/O Late Jagdish Yadav R/O VillageRajwara Kala, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 504, 506 and 34 of the Indian Penal Code. As per FIR, the petitioners came to the house of the informant and asked about her son whereabouts. Thereupon, she asked the reason then they started abusing her and tried to intrude into her house. Upon protest by informant, they started assaulting the informant and her family members. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.50302 of 2022(3) dt.16-02-2023 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is a case and counter case between the parties in which both the sides have sustained injuries. He also submits that the injury, as caused, is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Atri P.S. Case No.76 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T