Bindeshwari Prasad Yadav @ Bindeshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.344 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Bindeshwari Prasad Yadav @ Bindeshwari Yadav Son Of Sahadeo Prasad Yadav Resident Of Village-Yogawalia, P.S.-Ramgarhwa, District-East Champaran.

2.

Sanjay Kumar Yadav @ Sanjay Prasad Yadav Son of Sahadeo Prasad Yadav Resident of Village-Yogawalia, P.S.-Ramgarhwa, District-East Champaran. 3.

Vijay Yadav @ Vijay Kumar Yadav Son of Sahadeo Prasad Yadav Resident of Village-Yogawalia, P.S.-Ramgarhwa, District-East Champaran. 4.

Niraj Kumar Yadav @ Niranjan Kumar Yadav @ Niraj Kumar Son of Sahadeo Prasad Yadav Resident of Village-Yogawalia, P.S.-Ramgarhwa, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 447, 341, 323, 324, 307, 354, 354(B), 379, 380, 504, 506 of the Indian Penal Code. Learned counsel for the petitioners seeks permission to withdraw the petition with regard to

Patna High Court CR. MISC. No.344 of 2022(2) dt.25-07-2022 2/3 petitioner No. 2 namely Sanjay Kumar Yadav since he has been arrested.

Permission is accorded.

Accordingly, the petition with respect to petitioner No. 2 is dismissed as withdrawn.

The prosecution case as per F.I.R is that all the accused persons including the petitioners assaulted to the informant and her other family members due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners and the informant are agnates and in the background of some land dispute, this false case has been lodged against the petitioners. There is general and omnibus allegation against the petitioners. Moreover, the injuries of the injured have been found to be simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedents except petitioner No. 3 who was made accused in one other case in which he has been

Patna High Court CR. MISC. No.344 of 2022(2) dt.25-07-2022 3/3 acquitted.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 2, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Ramgarhwa P.S. Case No. 143 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T