Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64075 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

MANTU YADAV S/o Naga Yadav Resident of Village- Bakharpur, P.S.- Pirpainti (Bakharpur), District- Bhagalpur.

2.

Ankit Kumar @ Ankit Kumar Yadav Son of Mantu Yadav Resident of Village- Bakharpur, P.S.- Pirpainti (Bakharpur), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, are father and son and the informant alleges that while he and his family members were at their house, his uncle, Paras Yadav was seen erecting a hut and when father of the informant objected to such activity, the accused persons including the petitioners came to the house of the informant and thereafter Paras Yadav assaulted the father

Patna High Court CR. MISC. No.64075 of 2021(2) dt.19-07-2022 2/3 of the informant by means of lathi on his head. The younger brother of the informant was also assaulted and so far as the petitioners are concerned, it is alleged that they pelted stones on the prosecution party.

The learned counsel for the petitioner submits that though the petitioners have been named in the F.I.R. with specific accusation of pelting stones on the prosecution party, but the main act of assault has been attributed to Paras Yadav, who is the uncle of the informant and brother of the deceased. It is further submitted that since the petitioners belong to the family of Paras Yadav as such they have been implicated in this case with an allegation that they were pelting stones. It is next submitted that the similarly situated co-accused Ranjo Devi has been granted anticipatory bail vide order dated 07.07.2021 in Cr. Misc. No. 38598 of 2020.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.64075 of 2021(2) dt.19-07-2022 3/3 (Rupees Ten Thousand) each 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 Pirpainti (Bakharpur) P.S. Case No. 68 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T