Subhag Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16123 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- KURTHA District- Arwal ====================================================== 1.
SUBHAG YADAV, Son of Late Kapileshwar Singh 2.
Bishram @ Bishram Yadav, Son of Nanhak Yadav 3.
Badhu Yadav @ Budhu Yadav, Son of Sukhlu Yadav 4.
Pankaj Yadav, Son of Pundeo Yadav 5.
Ramun Yadav, S/o Srichand Singh All are Resident of Village-Selarpur, P.S.-Karpi, District-Arwal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Prasad Singh For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned APP representing the State.
Petitioners are seeking anticipatory bail in connection with Kurtha P.S. Case No. 140 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 447 of the Indian Penal Code.
As per the prosecution case, the allegation against the petitioners is that they have assaulted the informant and his brother by Lathi, Danda, Bhala and Garasa on his head due to which he fell down on the ground.
Learned counsel for the petitioners submits that there
Patna High Court CR. MISC. No.16123 of 2019(2) dt.26-03-2019 2/3 are general and omnibus allegations against all the petitioners and the specific allegation of assault is against co-accused Punyadeo Yadav. It is also submitted that there is a case and counter case. It is further submitted that the petitioners have no criminal antecedent.
Learned APP for the State is present and has opposed the prayer for bail.
Considering the facts and circumstances of the case wherein there are general and omnibus allegations against these petitioners and the specific allegation of assault is against coaccused Punyadeo Yadav who is not petitioner before this Court as also that these petitioners have no criminal antecedent, there is a counter case also, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned C.J.M., Arwal in connection with Kurtha P.S. Case No. 140 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed
Patna High Court CR. MISC. No.16123 of 2019(2) dt.26-03-2019 3/3 under Section 438(2) of the Cr.P.C.
(Rajeev Ranjan Prasad, J) arvind/- U T