Upendra Yadav @ Upendar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67666 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== RATNESH YADAV Son of Shambhu Yadav R/O Village - Moti Chapar, P.S. - Chanpatia (Kumarbagh O.P.), Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68092 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== UPENDRA YADAV @ UPENDAR YADAV Son of Late Brahamdev Yadav R/O Village - Moti Chapar, P.S. - Chanpatia (Kumarbagh O.P.), Distt.- West Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 67666 of 2022) For the Petitioner/s :

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

Mr. Parmanand Kumar (In CRIMINAL MISCELLANEOUS No. 68092 of 2022) For the Petitioner/s :

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

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341,

Patna High Court CR. MISC. No.67666 of 2022(2) dt.25-02-2023 2/3 323, 324, 307, 379, 504, 506 of the Indian Penal Code. The allegation against the petitioners is that they alongwith other accused persons assaulted the informant's side by means of several weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the injuries are simple in nature, which is clear from the injury report. Petitioner Ratnesh Yadav has no criminal antecedent and petitioner Upendra Yadav has one criminal antecedent.

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 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

Patna High Court CR. MISC. No.67666 of 2022(2) dt.25-02-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chanpatiya (Kumarbagh O.P.) P.S. Case No.246 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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