Patna High CourtCR. MISC./7232/2020partly allowed disposal

Praduman Yadav v. The State Of Bihar

2020-02-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7232 of 2020 Arising Out of PS. Case No.-358 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

PRADUMAN YADAV Son of Mangal Yadav Resident of Village-Khiradih, P.S-Parbatta, District-Khagaria.

Pandav Yadav Son of Rabindra Yadav Resident of Village-Khiradih, P.SParbatta, District-Khagaria. 3.

Sarvin Yadav Son of Bhola Yadav Resident of Village-Khiradih, P.SParbatta, District-Khagaria. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Parbatta P.S. Case No. 358 of 2019 for the offences under Sections 341, 342, 323, 307, 379, 34 of the Indian Penal Code. Allegation against the petitioners is that they were involved in removing hand pump which laid to panchayati and when meeting was going on in the village petitioners and others came and exhibited arms and Sarvin Yadav, petitioner no. 3 has opened fire, Pandav Yadav snatched gold chain.

Patna High Court CR. MISC. No.7232 of 2020(2) dt.29-02-2020 2/2 Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. He further submits that parties have now entered into a compromise Considering the fact that the petitioners have no criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioner no. 1 and 2, in the event of arrest or surrender within one month from today, on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 358 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner no.

3, Sarvin Yadav is concerned, the Court is not inclined to grant bail and his prayer for anticipatory bail is rejected. However, rejection of the prayer will not cause prejudice, in the event of petitioner no. 3 surrenders before the Court below and prays for regular bail, the Court below shall decide the application for regular bail on its own merit and dispose the same on the same day.