Rajendra Yadav @ Rajendra Pd. ... vs The State Of Bihar
2021 Latest Caselaw 1198 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31924 of 2020
             Arising Out of PS Case No.-82 Year-2020 Thana- SUPAUL District- Supaul
     ======================================================

1. Rajendra Yadav @ Rajendra Prasad Yadav, aged about 55 years, Male.

2. Surya Narayan Yadav, aged about 62 years, Male.

3. Arbind Kumar Yadav, aged about 40 years, Male.

All are Sons of Late Raj Kumar Yadav.

4. Jai Kishore Kumar @ Jai Kishore Yadav, aged about 26 years, Male.

5. Sushil Kumar, aged about 22 years, Male, Both are Sons of Rajendra Yadav @ Rajendra Prasad Yadav.

6. Sanichari Devi, aged about 50 years, Female, Wife of Rajendra Yadav @ Rajendra Prasad Yadav.

7. Sudhir Kumar Yadav @ Sudhir Yadav, aged about 30 years, Male, Son of Surya Narayan Yadav.

All are resident of Village- Surtipatti, PS and District- Supaul.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s     :        Mr. Arun, Advocate
     For the State            :        Mr. Md. Arif,APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

The matter has been heard via video conferencing

2. Heard Mr. Arun, learned counsel for the petitioners

and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State who has

appeared as Ms. Nirmala Kumari, learned APP, who has been

assigned the brief neither joined the proceeding nor did she pick

up the phone of the Technical Assistance. Patna High Court CR. MISC. No.31924 of 2020 dt.02-03-2021

3. Learned counsel for the petitioners submitted that

petitioners no. 1, 2, 4 and 5 namely, Rajendra Yadav @ Rajendra

Pd. Yadav; Surya Narayan Yadav; Jai Kishore Kumar @ Jai

Kishore Yadav and Sushil Kumar have been arrested and thus, he

may be permitted to withdraw the application on their behalf.

4. In view thereof, as prayed for by learned counsel, the

application on behalf of petitioners no. 1, 2, 4 and 5 namely,

Rajendra Yadav @ Rajendra Pd. Yadav; Surya Narayan Yadav; Jai

Kishore Kumar @ Jai Kishore Yadav and Sushil Kumar stands

withdrawn and is now restricted to petitioners no. 3, 6 and 7

namely, Arbind Kumar Yadav; Sanichari Devi and Sudhir Kumar

Yadav @ Sudhir Yadav, respectively.

5. The petitioners no. 3, 6 and 7 apprehend arrest in

connection with Supaul PS Case No. 82 of 2020 dated 06.02.2020,

instituted under Sections 144, 149, 341, 323, 448, 427, 504, 509,

308, 354B, 379 and 509 of the Indian Penal Code.

6. The allegation against the petitioners no. 3 and 7 is

general and omnibus of assault by fists and slaps whereas against

petitioner no. 6 is of snatching the gold earring of the wife of the

informant.

7. Learned counsel for the petitioners submitted that

there is also a counter case for the same incident. It was submitted Patna High Court CR. MISC. No.31924 of 2020 dt.02-03-2021

that though the incident is alleged to have been taken place on

01.02.2020 but the FIR was registered on 06.02.2020, after more

than five days, for which there is no explanation. Learned counsel

submitted that the petitioners no. 3, 6 and 7 have no criminal

antecedent.

8. Learned APP submitted that there is allegation of

assault and snatching of gold ornaments against the petitioners.

However, he did not controvert that the same are general and

omnibus.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners no. 3, 6 and 7 namely Arbind

Kumar Yadav; Sanichari Devi and Sudhir Kumar Yadav @ Sudhir

Yadav, respectively, be released on bail upon furnishing bail bonds

of Rs. 25,000/- (twenty five thousand) each with two sureties of

the like amount each to the satisfaction of the learned Chief

Judicial Magistrate, Supaul in Supaul PS Case No. 82 of 2020,

subject to the conditions laid down in Section 438(2) of the Code

of Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the petitioners no. 3, 6 and 7, (ii) that

the petitioners no. 3, 6 and 7 and the bailors shall execute bond Patna High Court CR. MISC. No.31924 of 2020 dt.02-03-2021

with regard to good behaviour of the petitioners no. 3, 6, and 7

and they shall co-operate with the police/prosecution and the

Court. Any violation of the terms and conditions of the bonds or

the undertaking or non-cooperation shall lead to cancellation of

their bail bonds.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T