Allowed¶24

Birendra Yadav v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./71569/2023

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Patna High Court; Khatim Reza; CRIMINAL MISCELLANEOUS No.71569 of 2023; Arwal P.S. Case No. 350 of 2023; Arwal/Jehanabad; IPC Sections 323, 341, 307, 504, 354, 324; counter FIR Arwal PS Case No. 348 of 2023; counter blast; Section 438(2) Cr.P.C.; bail bond Rs. 10,000/-; CJM Arwal; FIR weapon discrepancy.

What did the court decide?

Anticipatory bail granted to both petitioners upon arrest/surrender within six weeks, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned CJM, Arwal, or appropriate Court below, subject to Section 438(2) Cr.P.C. conditions. ¶24

Birendra Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71569 of 2023

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Arising Out of PS. Case No.-350 Year-2023 Thana- ARWAL District- Jehanabad

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

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Birendra Yadav S/O Late Mahendra Yadav R/O Village- Laxmi Bigha, P.S And Distt.- Arwal.

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Nagendra Yadav S/O Late Mahendra Yadav R/O Village- Laxmi Bigha, P.S And Distt.- Arwal.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Adv. For the Opposite Party/s : Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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3 27-02-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners apprehend their arrest in connection with Arwal P.S. Case No. 350 of 2023 dated 14-07-2023, instituted for the offence punishable under Sections 323, 341, 307, 504, 354 and 324 of the Indian Penal Code.

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As per prosecution case, the petitioner and other accused persons, variously armed, came to the house of the informant and abused the husband of the informant. On protest, it is alleged that petitioner no.2, namely, Nagendra Yadav assaulted the informant’s husband by means of ‘ khanti’ on his head, on account of which, her husband fell down and again,

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Patna High Court CR. MISC. No.71569 of 2023(3) dt.27-02-2024 2/3

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petitioner no.2 assaulted him by means of ‘ Gadasa’ . It is further alleged that petitioner no.1, namely, Birendra Yadav assaulted him by means of ‘ lathi’, as a result of which, oozing blood from his head. It is further alleged that when the informant's son came there to save, they were also assaulted by the petitioner no.1 with iron rod on their head. Petitioner no.2 also assaulted them by means of iron ‘ khanti’ on their head, as a result of which, both the sons became injured, leading to lodging of the FIR.

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Learned counsel for the petitioner submits that petitioners are innocent and they have falsely been implicated in this case. Both the petitioners are full brother. Instant case is counter blast of Arwal PS Case No. 348 of 2023, dated 14-07-2023, registered under Section 307 and other allied Sections of the IPC, lodged by the mother of the petitioners. The petitioners’ side have also received severe injuries. It is next submitted that in the first part of the FIR, it is alleged that the petitioner Nos. 1 and 2 armed with pistol and iron rod respectively, and in the 2^nd part of the FIR, it is alleged that the petitioner no.1 armed with lathi whereas petitioner no.2 armed with iron ‘ khanti’ and ‘ Garasa’ and, therefore, there is some discrepancy in the statement of the informant in the FIR. It is

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Patna High Court CR. MISC. No.71569 of 2023(3) dt.27-02-2024 3/3

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submitted that except one all injuries are simple in nature. The doctor has opined the injury on the person of Bharat Singh, husband of the informant, to be grievous in nature. The petitioners are stated to be man of clean antecedents.

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Learned A.P. P. for the State has opposed the prayer

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for bail of the petitioners.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Arwal P.S. Case No. 350 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Arwal, or appropriate Court below, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Khatim Reza, J)

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shyambihari/-

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U T

Birendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Birendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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