Shivam Yadav @ Bengo Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12222 of 2015 Arising Out of PS.Case No. -79 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Shivam Yadav @ Bengo Yadav Son of Ram Prasad Yadav

2. Krishna Kumar Yadav @ Bijli Yadav son of Ram Prasad Yadav Both resident of village - Bhatpura, Police Station - Bakhiyarpur, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Bakhtiarpur Police Station Case No. 79 of 2014 registered for the offences punishable under Sections 147,148,149,323,448,380,436 of the Indian Penal Code.

There is specific allegation against the petitioner no. 2 that he set the informant house on fire. So far as petitioner no. 1 is concerned, there is omnibus allegation of committing theft against him and having similar allegation one co-accused Ram Prasad Yadav has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 08.01.2015 passed in Cr.

Patna High Court Cr.Misc. No.12222 of 2015 (2) dt.02-04-2015 2/2 Misc. No. 444 of 2015.

Learned counsel appearing for the petitioners submits that parties have already resolved their dispute amicably. Considering the aforesaid facts and circumstances as well as submissions of the parties, with an intent to maintain the parity of justice, this anticipatory bail petition with respect to petitioner no.1, namely, Shivam Yadav is allowed and it is ordered that petitioner no. 1, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Bakhtiarpur Police Station Case No. 79 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P. C. So far as petitioner no. 2 namely, Krishna Kumar Yadav is concerned, considering the nature of allegation against him, his prayer for anticipatory bail stands rejected. (Hemant Kumar Srivastava, J) Namita/- U T