Lalan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3634 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ======================================================
1. Lalan Yadav, S/o Sunil Yadav,
2. Bindeshwari Mahto, S/o Late Ayodhi Mahto,
3. Chandrabhan Mahto, S/o Late Shivnath Mahto, All are resident of Village- Sihpur, P.S.- Gamhariya, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 149, 341, 323, 379, 385, 427, 504, 506 and 353 of the Indian Penal Code. It has been submitted that all Sections except Sections 353 and 379 of the Indian Penal Code, are bailable. There is general and omnibus allegation against the petitioners. It has further been submitted that earlier petitioners No. 2 and 3 have filed a case against Jaikant Yadav, Assistant teacher of the aforesaid school vide Gamharia P.S. Case No. 77 of 2016 under Section 385 of the Indian penal Code and this case has been filed as counter blast of the aforesaid case.
Patna High Court Cr.Misc. No.3634 of 2017 (2) dt.10-02-2017 2/2 In the written report it is alleged that these petitioners and other accused entered into the office of the alleged school and demanded cash of Rs.25,000/- as Rangdari and on refusal, they assaulted the informant and torn attendance register and other papers.
Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Gamhariya P.S. Case No. 78 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Madhepura, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(Sanjay Priya, J) S.Ali/- U T