← Library
Patna High CourtCR. MISC./53338/2022disposed

Sunil Kumar Yadav v. The State Of Bihar

2023-01-13Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53338 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== 1.

SUNIL KUMAR YADAV S/o Virendra Rai R/o village- Narayanpur, P.S.- Koilwar, District- Bhojpur 2.

Raja Kumar S/o Virendra Rai R/o village- Narayanpur, P.S.- Koilwar, District- Bhojpur 3.

Amarjeet Kumar S/o Virendra Rai R/o village- Narayanpur, P.S.- Koilwar, District- Bhojpur 4.

Arjun Kumar S/o Virendra Rai R/o village- Narayanpur, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioners and learned APP for the State through video conferencing in view of the COVID 19.

The petitioners apprehend their arrest in connection with Koilwar P.S. Case No. 249 of 2022 for the offence registered under Sections 341, 323, 504, 506, 448, 307 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution story, the petitioner no.1, Sunil Kumar Yadav went to attend the marriage of the daughter of the informant and there he continued demanding sweets again and

Patna High Court CR. MISC. No.53338 of 2022(2) dt.13-01-2023 2/3 again. When finally the bride's side put an end to his demand, infuriated, he went home and came with his family members and assaulted Satyendra Singh and Aditya Kumar. There is also allegation against the petitioner no. 1 of opening fire in the air stating that he is a 'Don' of the area. The last allegation is that they damaged the Crockeries present at the marriage place. Taking into account the kind of attitude of the petitioner no.1, namely Sunil Kumar Yadav, who tried to vitiate the marriage ceremony and further disturb the entire family members, this Court is not inclined to grant him relief and his petition for anticipatory bail stands rejected. So far as petitioner no.2, Raja Kumar, petitioner no. 3, Amarjeet Kumar and petitioner no. 4, Arjun Kumar are concerned, in view of the fact that omnibus allegation is/are there against them and ultimately, they will be facing the trial, this Court is inclined to grant them relief.

Let the petitioner no.2, Raja Kumar, petitioner no. 3, Amarjeet Kumar and petitioner no. 4, Arjun Kumar, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.53338 of 2022(2) dt.13-01-2023 3/3 Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 249 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T