Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7551 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

UPENDRA YADAV Son of Bhikhari Yadav @ Ramayan Yadav Resident of Village - Bhaluhipur, P.S.- Ara Nagar, Dist.- Bhojpur 2.

Mantu Yadav Son of Bhikhari Yadav @ Ramayan Yadav Resident of Village - Bhaluhipur, P.S.- Ara Nagar, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in connection with Ara Nagar P.S. case No.172/20 registered under Sections 341, 323, 324, 307, 354, 506, 504, 34 of the Indian Penal Code.

Allegation is that the petitioner No.1 assaulted Bikash Yadav by Hasuli, which hit at his hand and finger and petitioner No.2 assaulted on the head of the informant by butt of katta,

Patna High Court CR. MISC. No.7551 of 2021(2) dt.07-09-2021 2/3 due to which he sustained injury.

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 petitioners have falsely been implicated in the present case. So far the injury caused by petitioner No.1 is concerned, it is on the non vital party of the body. So far petitioner No.2 is concerned, the injury caused by him is said to be simple. Hence, no offence under Section 307 of I.P.C. is made out.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, 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 C.J.M., Bhojpur at Ara in connection with Ara Nagar P.S. case No.172/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.7551 of 2021(2) dt.07-09-2021 3/3 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) Narendra/- U T