Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60155 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- RAUTARA District- Katihar ====================================================== 1.
MUNNA YADAV S/O RAMESHWAR YADAV Resident of villageBaharkhal, P.S.- Rautara, District- Katihar 2.
RAMESHWAR YADAV S/O LATE KAMLA PRASAD YADAV Resident of village- Baharkhal, P.S.- Rautara, District- Katihar 3.
RIKESH YADAV S/O KHOKHA YADAV Resident of village- Baharkhal, P.S.- Rautara, District- Katihar 4.
BIKASH YADAV @ VIKASH YADAV S/O LATE SURESH PRASAD YADAV Resident of village- Baharkhal, P.S.- Rautara, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.
Permission is accorded.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.60155 of 2022(2) dt.23-12-2022 2/3 petitioners are persons with clean antecedent and the informant alleges that on 18.06.2022, all the accused persons, named in the FIR, reached at the place of occurrence and assaulted the informant and her family members, on account of which Mina Devi and Rahul sustained injuries on their head and thereafter Khokha Yadav assaulted the son of the informant namely Santosh by farsa causing injury on head.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that the allegation of assault is general and omnibus in nature and specific allegation of assault is against Khokha Yadav, who is not a petitioner in the present case, it is further submitted that even injury suffered by the injured is simple in nature and similarly situated co-accused Pradeep along with three others have been granted anticipatory bail by order dated 19.12.2022 in Cr. Misc. No. 66030 of 2022. 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 nos. 2, 3 and 4, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.60155 of 2022(2) dt.23-12-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rautara P.S. Case No. 71 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T