Patna High CourtCR. MISC./19419/2016bail granted

Sri Ram Yadav And ANR v. The State Of Bihar

2016-05-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19419 of 2016 Arising Out of PS.Case No. -184 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Sri Ram Yadav, Son of Late Dudhnath Yadav.

2. Lakshman Yadav, Son of Late Dudhnath Yadav. Both Residents of village: Kaushar Bin Tolwa, P.S. Raghunathpur, District- Siwan. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Raghunathpur P.S.Case No. 184/2015, disclosing offences under section 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code. It is alleged that because of some old enmity between the informant and the petitioners, they came armed with lathi and abused him. They are said to have thereafter assaulted him and others, who came in their rescue.

Learned counsel for the petitioners has submitted that the injuries have been found to be simple in nature and no case under section 307 of the I.P.C. is made out on the basis of allegations made in the F.I.R. He has further submitted that previous enmity is

Patna High Court Cr.Misc. No.19419 of 2016 (2) dt.19-05-2016 an admitted fact.

Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, 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 the Addl. Chief Judicial Magistrate V, Siwan in Raghunathpur P.S.Case No. 184/2015, subject to the conditions as laid down under section 438 of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U