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Patna High CourtCR. MISC./28247/2015bail granted

Arbind Yadav And ORS. v. The State Of Bihar

2015-12-03Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28247 of 2015 Arising Out of PS.Case No. -185 Year- 2014 Thana -ALOULI District- KHAGARIA ======================================================

1. Arbind Yadav, S/o Baualal Yadav

2. Chandan Yadav, S/o Arbind Yadav

3. Geeta Devi, W/o Arbind Yadav All residents of Village - Morkahi, P.S. - Alauli, District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Alauli P.S. Case No.185 of 2014, G.R. No.1631/2014 for allegedly having committed the offences under Section 302/201 of the Indian Penal Code. Learned counsel for the petitioners submits that though the petitioners were not named in the F.I.R., subsequently two of the co-villagers have with mala fide intention and out of village politics stated that these petitioners were found standing in Bagmati river at 11 P.M. in the night. Learned counsel further submits that it is highly improbable

Patna High Court Cr.Misc. No.28247 of 2015 (4) dt.03-12-2015 2/2 that the petitioners as well as one woman member were standing in the river at such a point of time and only because there is a dispute between the petitioners and the informant's side, that the petitioners are facing the prosecution. Considering the peculiar nature of allegations and the remoteness of the theory carved out later and also that the petitioners have no criminal antecedents, let all the three petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released 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 the learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No.185 of 2014, G.R. No.1631/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T