Arjun Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3362 of 2016 Arising Out of PS.Case No. -289 Year- 2015 Thana -BALIA District- BEGUSARAI ======================================================
1. Arjun Yadav Son of Hitoraj Yadav,
2. Chandan Yadav, Son of Arjun Yadav,
3. Bhuna Yadav, Son of Late Sheocho Yadav, All residents of village - Pokharia, P.S. - Ballia, District - Begusarai.
4. Arun Yadav @ Arun Bhagat, Son of Banarsi Yadav,
5. Vino Yadav @ Vinod Yadav, Son of Arun Yadav @ Arun Bhagat,
6. Ranvir Yadav @ Ranvir Kumar, Son of Arun Yadav @ Arun Bhagat, All residents of village - Hussainichak, P.S. - Ballia, District - Begusarai.
7. Manoj Kumar Yadav @ Pranoj Kumar Yadav, Son of Surju Yadav,
8. Sanjay Yadav, Son of Surju Yadav, Both Residents of Village - Bari Ballia, P.S. - Ballia, District - Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Md.Ansarul Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,447,427,379,506,504 and 307 of the Indian Penal Code and section 27 of the Arms Act.
The prosecution case is that the 11 FIR named accused persons along with 15 to 20 unknown were getting the crops of the informant and others grazed through animals. On protest being made and the animals were being carried to the cattle pond then
Patna High Court Cr.Misc. No.3362 of 2016 (2) dt.21-01-2016 2/3 the accused persons made assault to the informant and others. It is submitted by the learned counsel for the petitioners that none received any injury. Statement to that effect has been made in paragraph 7 of the petition which reads as follows: "That it is pertinent to mention that during the course of investigation it has come not a single person has sustained any injury. In fact this is a case of no injury." Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. More over, the accusation is omnibus and general.
Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for three months in the event of arrest or surrender before the learned Court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Ballia P.S. Case No. 289 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioners will be confirmed by the learned court below if on verification it is found that the informant side has not received any injury and the learned court below comes to a conclusion otherwise the petitioners will
Patna High Court Cr.Misc. No.3362 of 2016 (2) dt.21-01-2016 3/3 surrender and pray for regular bail.
(Dinesh Kumar Singh, J) Anil/- U T