Patna High CourtCR. MISC./4734/2020bail granted

Puran Yadav v. The State Of Bihar

2020-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4734 of 2020 Arising Out of PS. Case No.-158 Year-2018 Thana- KATORIYA District- Banka ====================================================== 1.

PURAN YADAV Son of Bhuma Yadav Resident of Village - Kharwajor, P.S.- Katoriya, District- Banka 2.

Palla Yadav Son of Thakori Yadav Resident of Village - Kharwajor, P.S.- Katoriya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Katoriya case no. 158 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 of Indian Penal Code and Sections 3, 4, 5 of Explosive Substance Act.

The allegation is regarding the petitioners and other accused persons having assaulted the informant by fists and slaps and the allegation of exploding bomb is against three other accused persons.

The learned counsel for the petitioners has submitted that the allegation against the petitioners is of assault by fists and slaps and not of using any weapon and moreover, they have no

Patna High Court CR. MISC. No.4734 of 2020(2) dt.23-01-2020 2/2 criminal antecedent. It is further submitted that similarly situated co-accused persons have already been granted bail by Co-ordinate Benches of this Court vide order dated 27.02.2019 passed in Cr. Misc. no. 12186 of 2019 and order dated 02.05.2019 passed in Cr. Misc. no. 14994 of 2019. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and appropriate to admit the abovenamed petitioners to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Banka in connection with Katoriya PS case no. 158 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.