Allowed

Shivhari Yadav @ Shivbhari Yadav v. The State of Bihar

Patna HC1 Dec 2021CR. MISC./7983/2020

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to eight petitioners facing charges under Sections 307, 341, 348, and others of the IPC. The court relied on the petitioner's undertaking to remove account defects and directed them to surrender within four weeks to avail bail upon arrest or surrender.

What did the court decide?

Direction to surrender within four weeks to enlarge on bail on furnishing bond of Rs. 10,000 with two sureties under Section 438(2) Cr.P.C.

Shivhari Yadav @ Shivbhari Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7983 of 2020

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Arising Out of PS. Case No.-442 Year-2019 Thana- ATRI District- Gaya

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

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SHIVHARI YADAV @ SHIVBHARI YADAV S/o Ram Sharan Yadav Resident of Village- Rangpur, P.S.- Atri, Distt- Gaya.

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Ramjeevan Yadav Son of Ram Sharan Yadav Resident of Village- Rangpur, P.S.- Atri, Distt- Gaya.

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Ajit Kumar @ Ajit yadav S/o Shivhari Yadav @ Shivbhari Yadav Resident of Village- Rangpur, P.S.- Atri, Distt- Gaya.

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Ranjit Kumar @ Ranjit Yadav S/o Shivhari Yadav @ Shivbhari Yadav Resident of Village- Rangpur, P.S.- Atri, Distt- Gaya.

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Niranjan Kumar S/o Ramjeevan Yadav Resident of Village- Rangpur, P.S.Atri, Distt- Gaya.

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Ram Sharan Yadav S/o Late Nanku Yadav Resident of Village- Rangpur, P.S.- Atri, Distt- Gaya.

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Abha Kumari D/o Ramjeevan Yadav Resident of Village- Rangpur, P.S.Atri, Distt- Gaya.

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Jayanti Devi W/o Shivhari Yadav @ Shivbhari Yadav Resident of VillageRangpur, P.S.- Atri, Distt- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 01-12-2021 Heard learned counsel for the petitioners and learned

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APP for the State.

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Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.

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The instant application for anticipatory bail has been

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Patna High Court CR. MISC. No.7983 of 2020(3) dt.01-12-2021 2/3

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filed by the petitioners apprehending their arrest in connection with Atri P.S. Case no. 442 of 2019 instituted for the offence under Sections 448, 348, 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

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As per FIR, allegation against the petitioners is of assault to the informant, his brother and his son by means of lathi, danda and pistol.

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Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. General and omnibus allegations are levelled against the petitioners. There is case and counter case. Both parties have received injuries in the alleged occurrence.

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Learned APP appearing for the State has opposed the prayer of bail.

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Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Atri P.S. Case no. 442 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

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Patna High Court CR. MISC. No.7983 of 2020(3) dt.01-12-2021 3/3

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amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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(Sunil Kumar Panwar, J)

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sushma/- U T

Shivhari Yadav @ Shivbhari Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivhari Yadav @ Shivbhari Yadav v. The State of Bihar

Case brief

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