Shivratan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71484 of 2021 Arising Out of PS. Case No.-454 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

SHIVRATAN YADAV Son of Late Nanhaka Yadav Resident of Village - Inguna (Majhauli), P.S. - Muffasil, District - Gaya. 2.

RAMASHISH YADAV Son of Shivratan Yadav Resident of Village - Inguna (Majhauli), P.S. - Muffasil, District - Gaya. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition in respect of petitioner No. 2 Ramashish Yadav as he has been arrested during pendency of this anticipatory bail petition.

In view of the aforesaid submission, the anticipatory bail petition in respect of petitioner No. 2 is dismissed as withdrawn. The petitioner No. 1 apprehends his arrest in connection with Muffasil P.S. Case No. 454 of 2020, registered for the offences punishable under Sections 341, 323, 325, 504, 506 and 307/34 of the

Patna High Court CR. MISC. No.71484 of 2021(3) dt.01-08-2022 2/2 Indian Penal Code.

As per allegation, seven named accused persons assaulted the family members of the informant.

Learned counsel for the petitioner has submitted that both the parties are agnates. After lodging of the case the members of prosecution side badly assaulted the members of defense side. As such the defense side has also lodged a case against the members of prosecution side. Admittedly there is land dispute and there is no specific allegation against the petitioner to assault anyone and he is a person of clean antecedent.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 454 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T