Patna High CourtCR. MISC./35013/2014bail granted

Subodh Yadav And ORS v. The State Of Bihar

2015-03-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35013 of 2014 Arising Out of PS.Case No. -226 Year- 2013 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Subodh Yadav Son of Bindu Yadav

2. Santosh Yadav @ Santosh Kumar Yadav Son of Kishun Prasad Yadav

3. Pappu Yadav son of Triveni Yadav All are resident of village- Bathbara, P.S.- Gaighat, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Advocate. For the Opposite Party/s : Mr. Ajay Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-03-2015 Heard both sides.

The petitioners apprehend their arrest in Gaighat P.S. Case No. 226 of 2013, registered for the offences punishable under Section 436 and other Sections of the Indian Penal Code. The informant named the petitioners along with other accused persons and alleged that Sujan Yadav set ablaze the Bathan of the informant.

It has been submitted that no offence under Section 436 of the Indian Penal Code is made out. There is no allegation of setting ablaze the Bathan of the informant against the petitioner. Considering the facts aforesaid and the fact that the petitioners are mere member of the mob and no specific allegation

Patna High Court Cr.Misc. No.35013 of 2014 (2) dt.13-03-2015 2/2 is made against the petitioners except the petitioner no. 3 that he caught the collar of the informant, the petitioners, 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, are directed to be enlarged 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S. Case No. 226 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T