Manish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16164 of 2016 Arising Out of PS.Case No. -204 Year- 2015 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Manish Kumar Son of Suryanand Yadav

2. Sadhu Yadav Son of Deocharan Yadav Both resident of Village- Rikhi Tola, P.S.- Dulhin Bazar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2016 Heard both sides.

The petitioners, namely, Manish Kumar and Sadhu Yadav, apprehend their arrest in a case under Sections 147, 148, 149, 341, 323, 283, 332, 333, 307, 353, 427, 152, 504 of the Indian Penal Code.

One Yogendra Yadav was dashed by a truck and he was crushed to death. On such, the villagers assembled and made protests for which the present FIR was lodged. It is submitted that the petitioners are not named in the FIR. Names of the petitioners figured in Para 29 of the case diary in which one Bijendra Yadav is said to have confessed his guilt and disclosed the names of the petitioners.

Considering the facts that the petitioners are not named in the FIR and no specific allegation is made against them,

Patna High Court Cr.Misc. No.16164 of 2016 (2) dt.02-05-2016 2/2 the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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 Shyamal Kumar, Judicial Magistrate, 1st Class, Danapur, District Patna in Dulhin Bazar P.S. Case No. 204/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T