Binod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13645 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -SONBERSA District- SAHARSA ======================================================

1. Binod Yadav

2. Pappu Yadav Both Sons of Dewan Yadav

3. Dablu Yadav @ Dablu Kumar, Son of Hamendra Yadav

4. Lalo Yadav, Son of Late Niranjan Yadav All Resident of Village- Rakhauta, P.S. Sonbarsa Raj, District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Prabhat Kumar Singh For the Opposite Party : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Sonbarsa Raj P.S. Case No. 162 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 380, 506, 307 of the Indian Penal Code and Section 27 of Arms Act. On behalf of the petitioners it is submitted that there is case and counter case, the petitioner no.2 Pappu Yadav is the member of Ward Development Committee and then the informant

Patna High Court Cr.Misc. No.13645 of 2017 (2) dt.03-05-2017 2/2 and his men came and obstructed and snatched the register and for that Sonbarsa Raj P.S. Case No. 161 of 2016 has been registered against the informant and other of this case and this case is counterblast of that case. As alleged in this case no one has been injured and therefore the allegation under section 307 of the Indian Penal Code is ornamental. The petitioner is a law abiding citizen and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that this case is counterblast of case No. Sonbarsa Raj P.S. Case No. 161 of 2016.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Sonbarsa Raj P.S. Case No. 162 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.)