Patna High CourtCR. MISC./50761/2018bail granted

Shiv Ballabh Yadav @ Shiv Ballam Yadav And ORS v. The State Of Bihar

2018-09-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50761 of 2018 Arising Out of PS.Case No. -69 Year- 2017 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Shiv Ballabh Yadav @ Shiv Ballam Yadav,

2. Raj Ballabh Yadav @ Raj Ballam Yadav,

3. Shiv Prakash Yadav All Son of Nagesh Yadav, R/o Vill.- Shri Bigha, P.S.- Shakurabad, District- Jehanabad.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Shakurabad P.S. Case No. 69 of 2017 registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 379/34 of the Indian Penal Code.

Allegation against the petitioners is of assaulting the informant with lathi causing dislocation of his left shoulder and when his wife and father came to save him, they were also assaulted by the petitioners.

It is submitted by learned counsel for the petitioners that all the sections are bailable except Sections 307/379 of the

Patna High Court Cr.Misc. No.50761 of 2018 (2) dt.28-09-2018 2/2 Indian Penal Code, which are ornamental in nature and only with a view to make the case non-bailable. There is case and counter case between the parties. The petitioners are in custody since 25.06.2018.

Considering the aforesaid fact and circumstances of the case let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-1, Jehanabad, in connection with Shakurabad P.S. Case No. 69 of 2017.

(S. Kumar, J) Amit/- U T