Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72129 of 2021 Arising Out of PS. Case No.-206 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

SURENDRA YADAV SON OF LATE RAM DAHIN YADAV RESIDENT OF VILLAGE- CHHOTAKI BELA, P.S- AURANGABAD (MUFFASIL), DIST- AURANGABAD, BIHAR 2.

NAWLAKH YADAV SON OF LATE RAM DAHIN YADAV RESIDENT OF VILLAGE- CHHOTAKI BELA, P.S- AURANGABAD (MUFFASIL), DIST- AURANGABAD, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 138 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

NITISH KUMAR Son of Sri Navlakh Yadav Resident of Village - Chhotaki Bela, P.S. Muffasil Aurangabad, District - Aurangbad, Bihar. 2.

Arun Yadav Son of Arjun Yadav Resident of Village - Chhotaki Bela, P.S. Muffasil Aurangabad, District - Aurangbad, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 72129 of 2021) For the Petitioner/s :

Ms.Alka Singh For the Opposite Party/s :

Mr.Harendra Prasad (In CRIMINAL MISCELLANEOUS No. 138 of 2022) For the Petitioner/s :

Ms.Alka Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2022 CRIMINAL MISCELLANEOUS No.72129 of 2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2/4 Learned counsel for the petitioners after arguing vehemently for sometime and realizing his difficulty seeks permission to withdraw the present anticipatory bail application. Permission is accorded.

Accordingly, the present anticipatory bail application is dismissed as withdrawn.

CRIMINAL MISCELLANEOUS No. 138 of 2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 448, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner no. 1 is a person with clean antecedent, petitioner no. 2 has antecedent of two cases and the informant alleges that on 30.08.2021 at around 06:00 P.M. while he was returning home in a tempo when he was intercepted by Pappu Yadav and Nitish Kumar who assaulted the informant with lathi and sticks, but still the informant managed to reach home, it is next alleged that thereafter at 06:30 P.M. Surendra Yadav, Nawlakh Yadav, Arun Yadav, Pappu Yadav and Nitish Kumar again came to his house variously armed and it is alleged that Nawlakh Yadav assaulted the father of the informant with Khanti on head causing injury

3/4 on head and neck and he was wounded at various places and rest of the accused assaulted the sister-in-law and niece of the informant and wounded them and Arun Yadav stole Rs. 1,500/- from the house and there is also allegation of snatching of gold chain.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that specific allegation of assault is against Nawlakh Yadav, it is further submitted that as far as allegations of snatching Rs. 1,500/- and gold chain are concerned, the same are ornamental in nature.

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 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Aurangabad (Muffasil) P.S. Case No. 206 of 2021 subject to the

4/4 conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T