Sipahi Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.19503 of 2015 (3) dt.23-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19503 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sipahi Yadav
2. Lakhan Yadav
3. Dhurendra Yadav All S/o Brijhan Yadav
4. Saheb Yadav S/o Saral Yadav
5. Moti Chandra yadav S/o Gopal Yadav All r/o vil Srinagar (Pujaha) ps Srinagar(Pujaha) dist- W. Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 147,148,149, 323,324,307, 380, 354A and 504 of the Indian Penal Code.
Upon perusal of the First Information Report, it appears that some civil dispute between the parties is the reason behind the alleged occurrence leading to institution of the present case. Prior to institution of present case the petitioners' side is said to have filed an FIR being Srinagar P.S. case No. 56 of 2014 dated
Patna High Court Cr.Misc. No.19503 of 2015 (3) dt.23-07-2015 14.9.2014, containing counter version of the same occurrence. Learned counsel for the petitioners submits that on the basis of the contents of the First Information Report read with injury report, no offence under Section 307 of the Indian Penal Code is made out.. Injuries have been found on the persons of both the sides.
In view of the submissions as above, let petitioners above named in the event of their arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri R.R. Shaya, learned Judicial Magistrate, Ist, Class, Bettiah, West Champaran in Srinagar P.S. Case No. 60 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Chakradhari Sharan Singh, J) ArunKumar/- U