Mantu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18070 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- BANKA District- Banka ====================================================== 1.
MANTU YADAV Son of Late Ram Yadav Resident of Village- Baidachak, P.S.- Banka, District- Banka.
2.
Arun Yadav S/o Late Paro Yadav Resident of Village- Baidachak, P.S.- Banka, District- Banka.
3.
Birendra Yadav @ Biren Yadav S/o Sri Jyotish Yadav Resident of VillageBaidachak, P.S.- Banka, District- Banka. 4.
Vado Yadav @ Bhado Yadav Son of Late Suresh Yadav Resident of VillageMajlishpur, P.S.- Banka, District- Banka. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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, 149, 323, 307, 504, 506 of the Indian Penal Code, 27 of the Arms Act, and 3 and 4 of Explosive Substance Act.
Patna High Court CR. MISC. No.18070 of 2020(2) dt.17-07-2020 2/3 The prosecution case, in short, is that the accused persons, variously armed, were carrying on illegal sand and when informant tried to stop them, they started abusing him and also threatened to kill him.
It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. None is said to have injured in course of the occurrence. There is no injury report to show that any offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 10/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with
Patna High Court CR. MISC. No.18070 of 2020(2) dt.17-07-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T