Julo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16186 of 2020 Arising Out of PS. Case No.-231 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== 1.

Julo Yadav, Son of Late Rambalak Yadav, Resident of Village- Heru Diyara, P.S.- Kasim Bazar, District- Munger.

2.

Dablu Yadav, Son of Late Rambalak Yadav, Resident of Village- Heru Diyara, P.S.- Kasim Bazar, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2020 Heard learned counsel for the petitioners and learned A.P.P. for State through Video Conferencing.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 307, 376/511/379 and 324 of the Indian Penal Code. As per the prosecution case, all the accused persons named in the F.I.R., entered into the house of the informant and co-accused Aman Kumar and Subodh Yadav are alleged to have assaulted the informant and her family members. It is submitted on behalf of the petitioners that so far as, these petitioners are concerned, they are simply alleged to be the member of the unlawful assembly and no specific allegation

Patna High Court CR. MISC. No.16186 of 2020(5) dt.08-12-2020 2/2 of assault is alleged against them. There is case and counter case. It is further submitted that due to land dispute between the parties, some quarrel took place between the parties. However, learned A.P.P. for State has vehemently opposed the prayer for bail and submitted that the petitioners are named in the F.I.R. and allegations are serious in nature. Considering the facts and circumstances of the case and the fact that the petitioners are not alleged to be the assailants rather they are the members of the unlawful assembly and they have got clean antecedent, prayer for bail of the petitioners is allowed. In the event of arrest/surrender, let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in Kasim Bazar Police Station Case No.231 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.