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Birendra Yadav v. The State of Bihar

Patna HC17 Jan 2023CR. MISC./67246/2022

Case brief

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What is this about?

Oral order in a criminal miscellaneous petition for anticipatory bail. The High Court granted bail subject to the petitioners surrendering within six weeks and furnishing a bail bond with sureties under Section 438(2) CrPC, imposing conditions to remove defects in their affidavit.

What did the court decide?

Petitioners granted bail on surrendering within six weeks by furnishing a bond of Rs.25,000 with two sureties subject to Section 438(2) CrPC.

Birendra Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67246 of 2022

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Arising Out of PS. Case No.-165 Year-2021 Thana- LAXMIPUR District- Jamui

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

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Birendra Yadav S/O Niru Yadav R/O Vill.- Kariwapathar, P.S.- Laxmipur, Distt.- Jamui

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Shankar Yadav S/O Mahavir Yadav R/O Vill.- Kariwapathar, P.S.- Laxmipur, Distt.- Jamui

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Parasar For the Opposite Party/s : Mr.Rajendra Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 17-01-2023

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Learned counsel for the petitioners has filed the

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supplementary affidavit today in the Court.

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Let it be kept on record.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 321, 323, 452, 307, 380, 504, 506 of the Indian Penal Code.

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Petitioners along with other accused persons are said to have come at the house of the informant armed with weapons and assaulted him by means of axe as a result of which he received injury. They also assaulted the wife of the informant.

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Patna High Court CR. MISC. No.67246 of 2022(3) dt.17-01-2023 2/2

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Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have one criminal antecedent as stated in para-3 of the supplementary affidavit.

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Learned APP for the State opposes the prayer for

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bail.

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Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Laxmipur P.S. Case No. 165 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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devendra/- U T

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(Anjani Kumar Sharan, J)

Birendra Yadav v. The State of Bihar

Case brief

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Birendra Yadav v. The State of Bihar

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