Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70941 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== 1.

JAGDISH YADAV SON OF LATE KISHORI YADAV Resident of Village - Mangapatti, P.S.- Harlakhi, Distt.- Madhubani. 2.

Pramod Yadav Son of Jagdish Yadav Resident of Village - Mangapatti, P.S.- Harlakhi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Bhupendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners is permitted to make rectification in paragraph '1' of the anticipatory bail application.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379, 34 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and from perusal of the allegation as alleged in the F.I.R. it would manifest that on account of dispute relating to removing of bricks, the present

Patna High Court CR. MISC. No.70941 of 2021(3) dt.28-07-2022 2/3 occurrence took place, it is next alleged that petitioner no.1 assaulted the informant by farsa on his head causing injury while other accused persons, including petitioner no.2, also assaulted the family members of the informant including his wife.

Learned counsel for the petitioners submits that no doubt the occurrence had taken place but the issue was trivial, it is next submitted that admittedly petitioners are not criminals, the police has completed investigation and submitted chargesheet and thereafter learned court below vide order dated 21.08.2021 had taken cognizance under Sections 341, 323, 354, 504 and 34 of the Indian Penal Code. Learned counsel submits that from the investigation it is culled out that no offence under Section 307 was committed by the petitioners. 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/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.70941 of 2021(3) dt.28-07-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harlakhi P.S. Case No. 40 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T