Patna High CourtCR. MISC./35579/2018bail granted

Sita Ram Yadav And ORS v. The State Of Bihar

2018-06-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35579 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -TEKARI District- GAYA ======================================================

1. Sita Ram Yadav S/o Late Kuldeep Yadav

2. Neeraj Yadav S/o Sita Ram Yadav

3. Pankaj Yadav S/o Sita Ram Yadav

4. Suraj Yadav S/o Sita Ram Yadav All residents of village Nepa, P.S. Tekari (Panchanpur), District - Gaya. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Tekari P.S Case No 130/2018 registered under Sections 341, 323, 307, 354 and 504 read with 34 of the Indian Pena Code. At the outset, it is submitted that the petitioner no. 3, namely, Pankaj Yadav has already been taken into custody. In that view of the matter, the application for grant of pre-arrest bail as far as the petitioner no. 3 is concerned, it is dismissed.

So far as three other petitioners are concerned, the occurrence of offence is alleged to have taken place on

Patna High Court Cr.Misc. No.35579 of 2018 (2) dt.29-06-2018 2/2 29.04.2018, but the written report was filed on 01.05.2018 without explaining the delay and the doctor, who examined the informant Mahendra Yadav found only one injury on his person which too was simple in nature.

Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioners. Considering the nature of allegation made in the FIR, in the event of arrest or surrender before the court below within six weeks from today, the petitioner nos. 1, 2 and 4, namely, Sita Ram Yadav, Neeraj Yadav and Suraj Yadav are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya or his Successor in connection with Tekari P.S. Case No. 130/2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Kanchan/- U T