Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18854 of 2019 Arising Out of PS. Case No.-465 Year-2018 Thana- Banka District- Banka * ====================================================== 1.

Sunil Yadav Son of Bhuto Yadav @ Saryug Yadav Resident of Village - Jathour, Kakaria, P.S.- Barahat, Distt.- Banka. 2.

Pramod Yadav Son of Nakul Yadav Resident of Village - Amitikar., P.S.- Barahat, Distt.- Banka.

3.

Kumod Yadav Son of Nakul Yadav Resident of Village - Amitikar., P.S.- Barahat, Distt.- Banka.

4.

Hira Yadav Son of Govind Yadav Resident of Village - Jathour, Kakaria, P.S.- Barahat, Distt.- Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Banka (Barahat) P. S. Case No. 465 of 2018 dated 10.07.2018 instituted for the offences

Patna High Court CR. MISC. No.18854 of 2019(2) dt.29-03-2019 2/3 under Sections 147, 148, 149, 307, 323 and 337 of the Indian Penal Code and under Sections 3 and 4 of the Explosive Substance Act.

From the F.I.R., it appears that on the land over which there is a competing claim of the parties, bomb was exploded and the informant and his brother were assaulted. Learned counsel for the petitioners has submitted that though the petitioners have been named in the F.I.R., but specific accusation of assault and hurling of bomb is on others. The allegation against the petitioners is general and omnibus in nature and there is a counter version of the occurrence also vide Banka (Barahat) P. S. Case No. 464 of 2018.

The petitioners have clean antecedents.

Regard being had to the aforesaid facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

Patna High Court CR. MISC. No.18854 of 2019(2) dt.29-03-2019 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P. S. Case No. 465 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U