Patna High CourtCR. MISC./10828/2020partly allowed disposal

Shiv Lal Yadav v. The State Of Bihar

2020-03-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10828 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.

SHIV LAL YADAV Son of Gairu Yadav Resident of Village - Baluajagir Bhojpur, P.S.- Terhagachh, District - Kishanganj. 2.

Sanjeev Yadav @ Sanjeet Kumar Yadav Son of Shiv Lal Yadav Resident of Village - Baluajagir Bhojpur, P.S.- Terhagachh, District - Kishanganj. 3.

Chamra Yadav Son of Shiv Lal Yadav Resident of Village - Baluajagir Bhojpur, P.S.- Terhagachh, District - Kishanganj. 4.

Ranjeet Yadav @ Ranjeet Kumar Yadav Son of Bhim Lal Yadav Resident of Village - Baluajagir Bhojpur, P.S.- Terhagachh, District - Kishanganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Terhagachh P.S. Case No. 136 of 2019 for the offence under Sections 341, 323, 325, 504, 324, 379, 506/34 of the Indian Penal Code.

Allegation against the petitioner no.2 is that he gave knife blow on the informant.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. So far as other petitioners are concerned, there is general and omnibus

Patna High Court CR. MISC. No.10828 of 2020(2) dt.03-03-2020 2/2 allegation against them.

Considering the aforesaid, the petitioner nos. 1, 3 and 4, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Kishanganj in connection with Terhagachh P.S. Case No. 136 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as petitioner no.2, namely, Sanjeev Yadav @ Sanjeet Kumar Yadav, is concerned, there is allegation of assault on the informant by him, the Court is not inclined to grant anticipatory bail to him. Accordingly, his prayer for grant of anticipatory bail is rejected. However, he may surrender before the court below within one month from today and prays for regular bail, which would be considered and disposed of by the court below on the same day without being prejudiced by the order of this Court.

(Anil Kumar Upadhyay, J) uday/- U T