Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54606 of 2022 Arising Out of PS. Case No.-281 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== 1.

UPENDRA YADAV Son of Nathu Yadav Resident of Village - Mahuawa, P.S.- Chanpatiya (Kumarbagh OP), Distt.- West Champaran. 2.

Omprakash Yadav Son of Late Mishri Yadav @ Rajbanshi Yadav Resident of Village - Mahuawa, P.S.- Chanpatiya (Kumarbagh OP), Distt.- West Champaran.

3.

Jay Prakash Yadav Son of Late Mishri Yadav @ Rajbanshi Yadav Resident of Village - Mahuawa, P.S.- Chanpatiya (Kumarbagh OP), Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-02-2023 Heard the learned counsel for the petitioners as well as the learned APP for the State.

At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 2 has been arrested and, as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this petition with respect to him. In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner no. 2. So far as petitioner nos. 1 and 3 are concerned, they apprehend their arrest in connection with Chanpatiya (Kumarbagh O.P.) P.S. Case No. 281 of 2022, registered for the offences

Patna High Court CR. MISC. No.54606 of 2022(2) dt.04-02-2023 2/2 punishable under Sections 147, 341, 323, 324, 307, 379, 504, 506 of the Indian Pena Code.

The learned counsel for the petitioners has submitted that the specific allegation to assault the informant is on Raj Kumar Yadav and petitioner no. 2, who has been arrested. So far as petitioner nos. 1 and 3 are concerned, the allegation against them is general and omnibus. There is case and counter case. Petitioner nos. 1 and 3 are the persons of clean antecedents.

Considering the above-mentioned facts and circumstances, let petitioner nos. 1 and 3 in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Chanpatiya (Kumarbagh O.P.) P.S. Case No. 281 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) nirmal/kundan U T