Randhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52765 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- SARSI District- Purnia ====================================================== 1.

RANDHIR YADAV Son of Laxmi Yadav Resident of Village - Barkona, P.s. - Mirganj, Distt.- Purnea.

2.

Kundan Kumar Yadav @ Kundan Yadav Son of Kamal Yadav @ Kamaleshwari Yadav Resident of Village - Sangya Tola, (Sanjha Khalifa Tol), P.s. - Mirganj, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 324, 325, 326, 307, 504 and 506/34 of the Indian Penal Code, registered in connection with Sarsi P.S.Case No. 160 of 2021. As per the FIR, the named accused persons assaulted the informant and his wife with iron rod. There is specific allegation on co-accused Arvind Yadav that he assaulted

Patna High Court CR. MISC. No.52765 of 2022(2) dt.24-01-2023 2/3 the informant, who sustained grievous injury. The husband of the informant has also sustained grievous injury. The learned counsel for the petitioners has submitted that there is no specific allegation against the petitioners to assault anybody, rather the allegation is general and omnibus. He has submitted further that the husband of the informant and co-accused Debo Yadav are own brothers and there is land dispute between them and the petitioners are sons-in-law of Debo Yadav and it was the reason of their false implication. The petitioners are the persons of clean antecedent. The learned APP has opposed the prayer for anticipatory bail and submitted that the injured persons suffered grievous injury.

The allegations against the petitioners are general and omnibus and they are the persons of clean antecedent. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of Sri Rohit Kumar, Judicial Magistrate 1st Class, Purnea in connection with Sarsi P.S.Case No. 160 of 2021,

Patna High Court CR. MISC. No.52765 of 2022(2) dt.24-01-2023 3/3 subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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