Balwant Yadav @ Balbant Yadav And Another v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62673 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- ATRI District- Gaya ====================================================== 1.

Balwant Yadav @ Balbant Yadav And Another Son Of Chandrika Yadav Resident Of Village - Piar, P.S.- Atri, Distt.- Gaya. 2.

Jitendra Yadav Son of Chandrika Yadav Resident of Village - Piar, P.s.- Atri, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 427, 504, 506 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 2 namely Jitendra Yadav since he has been arrested.

Permission is accorded.

Patna High Court CR. MISC. No.62673 of 2021(3) dt.31-08-2022 2/3 Accordingly, the petition with regard to petitioner No. 2 is permitted to be withdrawn. The prosecution case as per F.I.R is that all the F.I.R named accused persons including petitioners, variously entered into the house of the informant and started abusing him and when he objected, they started assaulting him and when his cousin came to his rescue, he was also assaulted by the accused persons. It is submitted by learned counsel for the petitioner No. 1 that petitioner has falsely been implicated in this case. There is counter version of the occurrence also and petitioner's side also received injuries. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioner No. 1 has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on

Patna High Court CR. MISC. No.62673 of 2021(3) dt.31-08-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIII, Gaya in connection with Atri P.S. Case No. 251 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T