Tej Narayan Yadav @ Teju Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31326 of 2014 Arising Out of PS.Case No. -247 Year- 2013 Thana -BIHIYA District- BHOJPUR ======================================================
1. Tej Narayan Yadav @ Teju Yadav, Son of late Dimangal Yadav
2. Chhotu Yadav, Son of Tej Narayan Yadav @ Teju Yadav
3. Manager Yadav, Son of Tej Narain Yadav @ Teju Yadav All Residents of Village - Kataya, P.S. Bihiya, District - Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. C.Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2015 Petitioner No.1 Tej Narayan Yadav @ Teju Yadav has been arrested and, as such, by order dated 22.10.2014 this application with regard to petitioner No.1 was dismissed as withdrawn as having become infructuous.
Heard the parties.
Petitioner Nos. 2 and 3, namely Chhotu Yadav and Manager Yadav seek the privilege of pre-arrest bail in connection with Bihiya P.S. Case No. 247 of 2013 under Sections 452,386,379/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.31326 of 2014 (3) dt.30-01-2015 2 / 2 Allegedly, the petitioners and other co-accused being armed with entered into the house of the informant and demanded a ransom of Rs. 50,000/-( fifty thousand) which was opposed and then they started assaulting Haribansh Tiwary and Dabloo and when the wife went for rescue her gold chain was snatched away by the petitioner Manager Yadav and further co-accused Tej Narayan Yadav took Rs. 4,000/- as ransom.
Submission is that the allegation of snatching gold chain is super addition to make the case graver. There is threat to take possession of the land and, as such, the petitioners deserve sympathetic consideration to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes. In the facts and circumstances as stated above, considering the nature of allegation both the petitioners, namely, Chhotu Yadav and Manager Yadav in case of their arrest or surrender within two months shall be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihiya P.S.Case No. 247 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Jitendra Mohan Sharma, J) Kanth/- U