Anand Kumar Yadav @ Vinit Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53271 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== 1.
ANAND KUMAR YADAV @ VINIT KUMAR YADAV SON OF LATE LAXMAN YADAV R/O VILLAGE- BHANPUR, P.S.- BABUBARHI, DISTRICT- MADHUBANI 2.
VINOD KUMAR YADAV SON OF LATE LAXMAN YADAV R/O VILLAGE- BHANPUR, P.S.- BABUBARHI, DISTRICT- MADHUBANI ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 307 & 324/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather
Patna High Court CR. MISC. No.53271 of 2022(2) dt.14-12-2022 2/3 general and omnibus in nature. As a matter of fact, petitioners and informant resides at same village and due to earlier dispute the present false case has been filed against the petitioners. Having regard to the facts and circumstances of the case as well as the fact that the injury inflicted by petitioner no.2 is simple in nature, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Babubarhi P.S. Case No. 120 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Considering the facts and circumstances of case as also the fact that there is specific allegation against petitioner no.1 of assaulting the informant by hard and blunt substance, sustaining grievous injury, I am not inclined to enlarge petitioner no.1 on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned
Patna High Court CR. MISC. No.53271 of 2022(2) dt.14-12-2022 3/3 Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T