← Library
Patna High CourtCR. MISC./17922/2019bail granted

Balmiki Yadav v. The State Of Bihar

2019-03-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17922 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- DHANKUND District- Banka * ====================================================== 1.

Balmiki Yadav Son of Basudeo Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka.

2.

Babloo Yadav Son of Basudeo Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka.

3.

Guddu Yadav Son of Basudeo Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka.

4.

Mohan Yadav Son of Ramdhari Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka.

5.

Babulal Yadav Son of Late Chhedi Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka.

6.

Dip Narayan Yadav Son of Late Chhedi Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka.

7.

Pankaj Yadav @ Gulab Yadav Son of Dip Narayan Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka. 8.

Prakash Yadav Son of Patwari Yadav Resident of Village - Bazardih, P.S.- Dhankund, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 386, 504, 506 498A of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons including the petitioners abused the informant, fired from pistol and demanded Rs.10 lacs.

Patna High Court CR. MISC. No.17922 of 2019(2) dt.29-03-2019 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is Bataidari case pending under Section 48(E) of the B.T. Act between the parties. The said case is pending before the D.C.L.R. For the said reason a malafide prosecution has been brought against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Banka in connection with Dhankund P.S. case No.41 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T