Patna High CourtCR. MISC./66555/2018bail granted

Birendra Yadav And ORS v. The State Of Bihar

2018-11-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66555 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- SIKTI District- Araria ======================================================

1. Birendra Yadav Son of late Baleshwar Yadav

2. Mukesh Yadav

3. Mithu Yadav Both Son of late Karelal Yadav All Resident of Village Ram Nagar Pothia, P.S. Sikti (Bardaha), District- Araria. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Yadav For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 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, 149, 341, 323, 307, 354-B, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that while Nilanti Devi was committing theft of paddy straw of the informant, the informant raised alarm. In the meantime, the accused persons including the petitioners having armed with weapons, came there and started assaulting him.

It has been submitted on behalf of the petitioners that the petitioners has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.66555 of 2018(2) dt.22-11-2018 2/2 petitioners have been falsely implicated in the present case. The alleged occurrence is said to have been taken place due to petty reason. The matter has already been compromised between the parties vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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, Araria in connection with Sikti ( Bardaha) P.S. Case No. 23 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T