Nirbhay Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42113 of 2018 ======================================================
1. Nirbhay Yadav Son of Kamta Yadav
2. Kamta Yadav Son of Late Sita Yadav
3. Bindeshwar Yadav Son of Ramdeo Yadav
4. Suresh Yadav Son of Laxman Yadav
5. Abhay Yadav Son of Mahesh Yadav
6. Mahesh Yadav Son of Laxman Yadav
7. Awadhesh Yadav Son of Laxman Yadav
8. Dhirendra Kumar Son of Suresh Yadav
9. Ramashray Yadav Son of Suresh Yadav
10. Ramesh Kumar Yadav Son of Awadesh Yadav
11. Ganesh Yadav Son of LaxumanYadav
12. Bhagwat Yadav Son of Naresh Yadav
13. Angar Yadav Son of Bhagwat Yadav
14. Anjani Yadav Son of Bhagwat Yadav
15. Ramesh Yadav Son of Ramdeo Yadav
16. Lalan Yadav Son of Naresh Yadav resident of Village - Nonia Bigha, P.S. - Nabinagar, District - Aurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Nabinagar P.S. Case No. 298 of 2017, registered for offences punishable under Sections 147, 341, 323, 308, 504, 506 of the Indian Penal Code.
As per F.I.R., allegation against the petitioners is of assault to the informant and his wife.
Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners
Patna High Court Cr.Misc. No.42113 of 2018 (2) dt.19-07-2018 2/2 and no specific allegation have been found against the petitioners. As per F.I.R., allegation against the petitioner No. 1 is of assault with knife of Pramilla Devi, wife of the informant, is simple in nature and there is a case and counter case between the parties. Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrender before the court below within a period of six weeks from the date of the order, they will be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 298 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha/- U T