Ashok Kumar @ Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18142 of 2020 Arising Out of PS. Case No.-38 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
ASHOK KUMAR @ ASHOK YADAV Son of Late Sukkar Yadav Resident of Village - Heru Diyara, P.S.- Kasim Bazar, Distt - Munger. 2.
Dhirendra Yadav Son of Jagat Yadav Resident of Village - Heru Diyara, P.S.- Kasim Bazar, Distt - Munger.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar Verma For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2020 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, 148, 149, 341, 457, 384, 386, 364(A) of the Indian Penal Code and 27 of the Arms Act. Prosecution allegation, in short, is that the accused persons entered into the house of the informant and assaulted his son, demanded rangdari and kidnapped his son on the point of
Patna High Court CR. MISC. No.18142 of 2020(2) dt.07-08-2020 2/3 arms.
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 due to village politics. A complaint case was filed which was referred for institution of F.I.R. under section 156(3) of the Cr.P.C. The police after investigation submitted final form against the petitioner whereafter the Court below has differed with the police report and took cognizance.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
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, Lakhisarai in connection with Lakhisarai P.S. Case No. 38/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two
Patna High Court CR. MISC. No.18142 of 2020(2) dt.07-08-2020 3/3 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