Partly allowed

Kapil Yadav @ Kapil Kumar v. The State of Bihar

Patna HC22 Feb 2022CR. MISC./13195/2021

Case brief

AI extract

What is this about?

This order addresses a joint petition for anticipatory bail in a case involving sections 147, 148, 307, and others of the IPC. While refusing bail to the first petitioner due to grievous injury, the court granted it to the second petitioner with specific bond conditions and a directive to remove defects in the criminal complaint.

What did the court decide?

Prayer for anticipatory bail rejected for Petitioner No. 1; granted for Petitioner No. 2 conditioned upon furnishing a bail bond of Rs. 10,000 with two sureties.

Kapil Yadav @ Kapil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13195 of 2021

¶2

Arising Out of PS. Case No.-242 Year-2016 Thana- KISHUNPUR District- Supaul

¶3

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

¶4

KAPIL YADAV @ KAPIL KUMAR Son of Devan Yadav Resident of Village - Chilhava, P.S. - Kishanpur, District - Supaul, State - Bihar.

¶5

Dilip Yadav @ Dilip Kumar Son of Shivan Yadav Resident of Village - Chilhava, P.S. - Kishanpur, District - Supaul, State - Bihar.

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Kuldeep Kumar For the Opposite Party/ : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

¶11

ORAL ORDER

¶12

3 22-02-2022

¶13

Learned counsel for the petitioners is directed to re-

¶14

move all the defects pointed out by the Stamp Reporter within one month.

¶15

Heard learned counsel for the petitioners as well as learned APP for the State.

¶16

The petitioners apprehend their arrest in connection with Kishanpur P.S. Case No. 242 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code.

¶17

Learned counsel for the petitioner has submitted that the grievous injury sustained by the informant is fracture of leg but it has been attributed against petitioner No. 1 Kapil Yadav @

¶18

Patna High Court CR. MISC. No.13195 of 2021(3) dt.22-02-2022 2/2

¶19

Kapil Kumar. So far as petitioner No. 2 is concerned there is no allegation of assault.

¶20

Considering the above-mentioned facts and circumstances, the prayer for anticipatory bail of the petitioner No. 1 is rejected.

¶21

So far as petitioner No. 2 is concerned, let him, in the event of his arrest or surrender, be released on anticipatory bail within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Supaul in connection with Kishanpur P.S. Case No. 242 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

¶22

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

¶23

(Nawneet Kumar Pandey , J)

¶24

SONALI/-

Kapil Yadav @ Kapil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kapil Yadav @ Kapil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jai Shankar Prasad Singh @ Bablu Singh Vs The State of Bihar

Rohit Mandal Vs The State of Bihar

Shukan Chodhary Vs Kamlesh Chodhary

Akilanand Bharti @ Akila Bharti Vs The State of Bihar

Arvind Prasad @ Arbind Raut Vs The State of Bihar

Md. Israil Vs The State of Bihar