Sudhir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66542 of 2021 Arising Out of PS. Case No.-163 Year-2020 Thana- RANIGANJ District- Araria ====================================================== 1.
SUDHIR YADAV Son of Upendra Yadav Resident of village - Naya Patti, Bistoriya, Ward No.- 13, P.S.- Raniganj, District - Araria. 2.
Janardan Yadav Son of Late Mahabir Yadav Resident of village - Naya Patti, Bistoriya, Ward No.- 13, P.S.- Raniganj, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-04-2022 Heard Mr. Gopal Kumar Jha, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Raniganj P.S. Case No. 163 of 2020 dated 18.04.2020 instituted for the offences under Sections 341, 323, 324, 325, 307, 379, 447, 504 and 34 of the Indian Penal Code. In view of the accusation against the petitioner no. 1 (Sudhir Yadav) of having assaulted the brother of the informant by means of a sword, I am not inclined to grant anticipatory bail to him.
Accordingly, the prayer for anticipatory bail of petitioner no. 1 is rejected.
Patna High Court CR. MISC. No.66542 of 2021(3) dt.29-04-2022 2/2 However, if the petitioner no. 1 surrenders before the court below, his application shall be considered on its own merits and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.
So far as the petitioner no. 2 is concerned, the only accusation against him is of having given orders to petitioner no. 1.
For the aforesaid reason, the petitioner no. 2 (Janardan Yadav) is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Araria in connection with Raniganj P.S. Case No. 163 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T