Dharmendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74108 of 2018 Arising Out of PS. Case No.-290 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ======================================================

1. Dharmendra Yadav, Son of Naresh Yadav,

2. Santu Kumar, Son of Shailendra Yadav.

3. Subhash Kumar, Son of Shailendra Yadav. All are resident of Village- Jaitiya, P.S.- Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar Singh For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was returning home, the accused persons, variously armed, started assaulting him due to which he sustained injury. His wife also suffered injury in course of the occurrence. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.74108 of 2018(2) dt.17-12-2018 2/2 present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 290 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T