Lalit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8338 of 2021 Arising Out of PS. Case No.-400 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

LALIT YADAV S/O Late Saryug Yadav, Resident of Village - Sonak, Malhani W.No. 7, P.S. and District - Supaul.

2.

RAJ KUMAR YADAV S/O Late Saryug Yadav, Resident of Village - Sonak, Malhani W.No. 7, P.S. and District - Supaul.

3.

RAM KUMAR YADAV @ VITO YADAV S/O- Late Saryug Yadav, Resident of Village - Sonak, Malhani W.No. 7, P.S. and District - Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-06-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Supaul P.S. Case No. 400 of 2020 registered for offence punishable under sections 341, 323, 307, 379, 354, 504/34 of the Indian Penal Code.

As per allegation, nine accused persons variously

Patna High Court CR. MISC. No.8338 of 2021(3) dt.20-06-2022 2/3 armed with lathi, danda, rod, dabiya etc. came to the house of the informant. On the order of petitioner no. 1, petitioner no. 2 assaulted the informant on his head with iron rod and petitioner no. 2 assaulted the son of the informant with dabiya, who suffered injury on his right hand.

The learned counsel for the petitioner has submitted that the FIR has been lodged after three months and there is no explanation of delay. He has also submitted that Manju Devi has not sustained any injuries, whereas the informant and his son have sustained simple injuries.

Mr. Shailendra Kumar, the learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, specially the fact that the FIR was lodged after a period of three months and the injuries are simple in nature, let the petitioners above named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 400 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.8338 of 2021(3) dt.20-06-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T