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Patna High CourtCR. MISC./72836/2022allowed

Upendra Kumar @ Upendra Yadav v. The State Of Bihar

2023-02-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72836 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- BITHAN BAZAR District- Samastipur ====================================================== 1.

UPENDRA KUMAR @ UPENDRA YADAV S/o Ram Lochan Yadav R/o Village- Bardauni, P.S.- Bithan Distt- Samastipur. 2.

Sunil Yadav S/o Baleshwar Yadav R/o Village- Sohma, P.S.- Bithan DisttSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code pending in the learned court below.

Petitioners along with other 25-30 persons entered into the house of the informant and started abusing, robbing and beating him and his family member.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.72836 of 2022(2) dt.02-02-2023 2/2 case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that injuries found upon the victim is simple in nature which is clear from the impugned order itself. He further submits that petitioner no.1 has got no criminal antecedent and petitioner no.2 has got two criminal antecedents as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bithan P.S. Case No.182/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T