Harendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9103 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- BARAULI District- Gopalganj ====================================================== 1.
Harendra Yadav S/O Shivdhyan Yadav Resident Of Village Surval Police Station Barauli District Gopalganj 2.
Kalawati Devi W/O Bhagrashan Yadav Resident Of Village Surval Police Station Barauli District Gopalganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Dubey, Adv.
For the Opposite Party/s :
Mr. Lakmikant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 504, 307/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter
Patna High Court CR. MISC. No.9103 of 2021(2) dt.10-01-2022 2/3 case between the parties and both sides have sustained injury. He submits that occurrence took place on 14.08.2020 but FIR was lodged on 06.09.2020 after delay of 21 days and there is no explanation for such delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposed the prayer for bail and submits that there is direct allegation of assault against petitioner no. 1.
Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Barauli P.S. Case No. 242 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Learned court below is directed to accept the bail bond of the petitioner after verification of the criminal antecedent as learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9103 of 2021(2) dt.10-01-2022 3/3 petitioner has no criminal antecedent as stated in para-3 of the bail application.
(Anjani Kumar Sharan, J) devendra/- U T