Partly allowed

Yogendra Yadav @ Yogindra Yadav and Anr. v. The State Of Bihar

Patna HC17 Dec 2018CR. MISC./66634/2018

Case brief

AI extract

What is this about?

The Patna High Court dismissed the anticipatory bail application of the first petitioner as withdrawn, directing him to seek regular bail within six weeks. The second petitioner was granted anticipatory bail on furnishing a bond of Rs. 10,000 and two sureties.

What did the court decide?

Anticipatory bail granted to petitioner No. 2 on bond of Rs. 10,000 and two sureties; application of petitioner No. 1 dismissed as withdrawn with liberty to seek regular bail.

Yogendra Yadav @ Yogindra Yadav and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.66634 of 2018

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Arising Out of PS. Case No.-113 Year-2018 Thana- DARAUNDA District- Siwan

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======================================================

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Yogendra Yadav @ Yogindra Yadav, Son of Late Nathuni Yadav.

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Brajesh Kumar Yadav @ Brajesh Kumar @ Brajeth Kumar Yadav, Son of Yogendra Yadav. Both R/o Vill.-Bangaura Tola Bangra, P.S.-Daraundha, District-Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Chandra, Adv. For the Opposite Party/s : Mr. Nirmala Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 17-12-2018

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The petitioners seek bail in anticipation of their

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arrest in connection with Daraundha P.S. Case No. 113 of 2018, dated 12.06.2018, instituted for the offences under Sections 147, 149, 341, 323, 324, 307 and 506 of the Indian Penal Code.

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Mr. Anil Chandra, the learned counsel for the petitioners, after some arguments, seeks permission to withdraw this case with respect to petitioner No. 1/Yogendra Yadav @ Yogindra Yadav.

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The prayer for anticipatory bail of petitioner No. 1 is, therefore, dismissed as withdrawn with a liberty to him to approach the Court below and seek regular bail.

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Patna High Court Cr.Misc. No.66634 of 2018(2) dt.17-12-2018 2/3

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Should such an application be filed within a period of six weeks from today, the Court below shall look into the matter and pass orders in accordance with the law without being prejudiced by the fact that the present anticipatory bail application of petitioner No. 1 has not been entertained by this Court.

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So far as petitioner No. 2/Brajesh Kumar Yadav @ Brajesh Kumar @ Brajeth Kumar Yadav is concerned, the learned counsel for the petitioners has shown from the F.I.R. that vague, general and omnibus allegation has been levelled against all the accused persons including petitioner No. 2. The major act is attributed to petitioner No. 1, whose case has been dismissed as withdrawn, referred to above. Even the F.I.R. was lodged after four days and it has still not been ascertained as to what is the nature of injury.

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Considering the aforesaid facts, the petitioner No. 2, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail

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Patna High Court Cr.Misc. No.66634 of 2018(2) dt.17-12-2018 3/3

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bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Siwan in connection with Daraundha P.S. Case No. 113 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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(Ashutosh Kumar, J)

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Praveen-II/-

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U T

Yogendra Yadav @ Yogindra Yadav and Anr. v. The State Of Bihar

Case brief

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Yogendra Yadav @ Yogindra Yadav and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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