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Patna High CourtCR. MISC./27789/2018bail granted

Sukhdeo Yadav And ORS v. The State Of Bihar

2018-05-07Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27789 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- Chandauti District- Gaya ======================================================

1. Sukhdeo Yadav S/o late Mahaveer Yadav

2. Arbind Yadav @ Arvind Kumar, S/o Sukhdeo Yadav

3. Sandeep Yadav @ Sandeep Kumar S/o Sukhdeo Yadav

4. Kamlesh Yadav S/o Chander Yadav

5. Pappu Yadav S/o Chander Yadav.

6. Yugesh Yadav @ Yugesh Kumar S/o Chander Yadav All R/o Village Jagarnathpur, P.S. Chandauti, Distt. Gaya. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Kamal Kumar Sinha For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

07-05-2018 Heard Sri Kamal Kumar Sinha, learned counsel for the petitioner and learned Addl. Public Prosecutor. Six petitioners, who are in custody in Chandauti P.S. Case No. 58 of 2018 registered for offence under Sections 341, 323, 325, 448, 338, 379, 307, 504, 34 of the Indian Penal Code, have prayed for grant of bail, primarily on the ground that there was general and omnibus allegation.

It was further submitted that there was case and counter case in between the parties. He submits that dispute in relation to a passage had occurred in between the parties and from both the sides, case has been instituted. Learned counsel for the petitioners submits that from petitioners' side, an F.I.R.,

Patna High Court Cr.Misc. No.27789 of 2018(2) dt.07-05-2018 2/2 vide Chandauti P.S. Case no. 59 of 2018, was registered on the same date i.e. 21-03-2018 for offence under Sections 341, 323, 379, 504 and 34 of the Indian Penal Code.

Considering the fact that there was general and omnibus allegation and fact that there was case and counter case in between the parties, let aforesaid six petitioners namely (1) Sukhdeo Yadav, (2) Arbind Yadav @ Arvind Kumar, (3) Sandeep Yadav @ Sandeep Kumar, (4) Kamlesh Yadav, (5) Pappu Yadav and (6) Yugesh Yadav @ Yugesh Kumar be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 58 of 2018. (Rakesh Kumar, J.) anay U T