Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14049 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- ANTI District- Gaya ====================================================== 1.

Binod Yadav S/O Naresh Yadav R/O Village- Hasanpur, P.S.- Anti, DistrictGaya 2.

Pramod Yadav @ Aman Kumar S/O Naresh Yadav R/O Village- Hasanpur, P.S.- Anti, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Anti P.S. Case No. 14 of 2020 registered for the offence under Sections 341, 323, 504, 307, 354, 506, 448 and 34 of the Indian Penal Code.

Allegedly, in the backdrop of common path, the dispute arose and in consequence thereof, co-accused Arjun Yadav started abusing the informant. On protest, both the petitioners along with co-accused armed with Lathi and Danda assaulted

Patna High Court CR. MISC. No.14049 of 2021(2) dt.24-02-2022 2/3 him and his family members due to that, they got severely injured.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Gaya in

Patna High Court CR. MISC. No.14049 of 2021(2) dt.24-02-2022 3/3 connection with Anti P.S. Case No. 14 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T