Rajdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8202 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Rajdeo Yadav son of Nikhed Yadav @ Naresh Yadav resident of Village Rampur, P.S. Ariyari District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ariyari P.S.Case No. 99/2015 registered for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 507 and 379 of the Indian Penal Code.

The prosecution case is that nine FIR named accused persons including the petitioner came armed with lathi and rod and assaulted the informant and his family members. It is specifically alleged that co-accused Mukesh Yadav assaulted the younger brother of the informant Parshuram Yadav on his head as a result he received cut injury and got unconscious. It is alleged against

Patna High Court Cr.Misc. No.8202 of 2016 (2) dt.25-02-2016 2/3 Kamala Devi that she snatched Mangal Sutra of the sister-in-law (Bhabhi) of the informant.

It has been submitted by the learned counsel for the petitioner that the allegations upon him is general and omnibus and no overt act has been levelled and just because he is family member of the accused persons, he has been falsely implicated. It has also been submitted that specific allegation of assault is against Mukesh Yadav.

Learned counsel for the petitioner contends that the present case is just a counter version of another case bearing Ariyari P.S.Case No. 152 of 2015 and has clean antecedent. Learned counsel for the petitioner submits that a Co-ordinate Bench of this Court has already been granted bail other co-accused Kamla Devi , Laxmi Devi and Rabindra Yadav in Cr. Misc. No. 6511 of 2016 vide order dated 11.02.2016. However, learned A.P.P. opposes the prayer for bail stating that the petitioner is named in the F.I.R. Be that as it may, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.8202 of 2016 (2) dt.25-02-2016 3/3 S.D.J.M., Sheikhpura in connection with Ariyari P.S.Case No. 99/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

(Nilu Agrawal, J) Sudha/- U T