Patna High CourtCR. MISC./62682/2018allowed

Gyani Yadav And ANR v. The State Of Bihar

2018-12-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62682 of 2018 Arising Out of PS. Case No.-220 Year-2014 Thana- BODHGAYA District- Gaya ======================================================

1. Gyani Yadav, S/o Yamuna Yadav,

2. Dashrath Yadav, S/o Late Kuleshwar Yadav, Both residents of Village- Pathra, Police Station- Mohanpur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Sharma For the Opposite Party/s :

Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Bodh Gaya PS Case No. 220/2014 for the offence under Section 395 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that petitioners have no criminal antecedent. The instant case was registered against unknown and during the course of investigation names of the petitioners were surfaced on confessional statement of the co-accused.

Considering the fact that the petitioners are not named in the FIR and they have no criminal antecedent, this application is allowed. Accordingly, in the event of arrest or surrender before the court below within a period of one month from today,

Patna High Court Cr.Misc. No.62682 of 2018(2) dt.13-12-2018 2/2 the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Bodh Gaya (Cherki) PS Case No. 220/2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also on the condition that one of the bailors should be the Mukhiya or Sarpanch of the village.

(Anil Kumar Upadhyay, J) mrl./- U T