Pawan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59855 of 2018 Arising Out of PS. Case No.-386 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ======================================================

1. Pawan Yadav, S/o Sakhi Chandra Yadav,

2. Raja Kumar S/o Ram Pukar @ Ram Pukar Yadav,

3. Ram Pukar @ Ram Pukar Yadav S/o Late Ganauri Yadav,

4. Meena Devi D/o Late Ganauri Yadav,

5. Rajiv Kumar S/o Ram Pukar @ Ram Pukar Yadav, All R/o Vill.- Rajpur, P.S.- Muffasil (Singhaul), District- Begusarai ... Petitioners

Versus

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

For the Petitioners :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party :

Mr. Surendra Prasad Singh, APP 143 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Muffasil (Singhaul) P.S. Case No. 386 of 2018 for the offences alleged under Sections 341, 323, 354B, 379, 504 and 506/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while she was planting vegetables on her land, the petitioners came variously armed with lathi-danda and threatened her to leave the land and on objection they started assaulting her and snatched a silver chain.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and

Patna High Court Cr.Misc. No.59855 of 2018(2) dt.08-10-2018 2/2 the matter relates to property dispute for which they have been falsely implicated. It has further been submitted that no case under Sections 354B and 379 of the Indian Penal Code is made out against the petitioners.

Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances and materials on record, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Muffasil (Singhaul) P.S. Case No. 386 of 2018 shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) Criminal Procedure and also that if the petitioners are found to have threatened the informant, then, the prosecution will be at liberty to move the learned Court below for cancellation of his/their bail bond(s).

(Nilu Agrawal, J) Shamshad/- U T