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Patna High CourtCR. MISC./828/2022allowed

Pankaj Kumar Yadav @ Pankaj Kumar v. The State Of Bihar

2022-07-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.828 of 2022 Arising Out of PS. Case No.-360 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

PANKAJ KUMAR YADAV @ PANKAJ KUMAR S/o Ayodhya Yadav Resident of Village- Chitrasenpur, P.S.- Ara Muffasil, District- Bhojpur. 2.

Harishankar Yadav @ Hari Shankar @ Bitu Yadav S/o Surendra Yadav Resident of Village- Chitrasenpur, P.S.- Ara Muffasil, District- Bhojpur. 3.

Pradeep Yadav @ Pradeep Kumar S/o Surendra Yadav Resident of VillageChitrasenpur, P.S.- Ara Muffasil, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dineshwar Mishra For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 448, 427, 504, 506 and 380 of the Indian Penal

Patna High Court CR. MISC. No.828 of 2022(2) dt.28-07-2022 2/3 Code.

The allegation against the petitioners that they broke the house of the informant and assaulted the wife of the informant namely Reena Devi by means of iron rod on her head. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the both sides are agnates and there is an admitted dispute between the parties, and the injuries are simple in nature. The petitioners have two criminal antecedent, as stated in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond 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 Ara Muffasil P.S.

Patna High Court CR. MISC. No.828 of 2022(2) dt.28-07-2022 3/3 Case No. 360 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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