Bihari Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38798 of 2015 Arising Out of PS.Case No. -301 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Bihari Yadav.

2. Raju Yadav

3. Awadhesh Yadav

4. Manu Yadav Sons of Yamuna Yadav.

5. Ranbir Yadav.

6. Randhir Yadav.

7. Raghunabsh Yadav.

8. Rajbanshi Yadav Sons of Bishun Dyal Yadav.

9. Subedar Yadav, son of Late Ritani Yadav.

10. Om Prakash Yadav, son of Awadhesh Yadav.

All resident of Mohalla- Ahirpurwa, P.S.- Ara Town District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhirendra Singh, Advocate For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 It is submitted by the learned counsel for the petitioners that petitioner no. 6 namely Randhir Yadav has been arrested and his application has become infructuous.

Accordingly, the anticipatory bail application of petitioner no.6 namely Randhir Yadav is dismissed as withdrawn.

Heard learned counsel for the petitioners and the State.

The petitioner nos. 1 to 5 and 7 to 10 are

Patna High Court Cr.Misc. No.38798 of 2015 (2) dt.30-09-2015 apprehending their arrest in a case registered for the offences punishable under Sections 341, 441, 323, 307, 324, 379, 504/34 of the Indian Penal Code.

The accusation is for petty dispute with regard to removing the electric wire from the electric poll, the accused persons assaulted the informant and his son. It is submitted by the learned counsel for the petitioners that accusation is omnibus and general in nature. There is counter version of the occurrence. The petitioners'' side have also received injuries. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. It is submitted that the son of informant Pintu Yadav have received one grievous injury caused by petitioner no. 5 namely Ranbir Yadav.

Considering the above fact, let the learned court below consider the prayer for regular bail of the petitioner no. 5 namely Ranbir Yadav, if he surrenders before the learned court below within a period of six weeks from today in connection with Ara Town P.S. Case No. 301 of 2015, pending in the court of learned Chief Judicial Magistrate, Bhojpur, Ara. So far as petitioner nos. 1 to 4 and 7 to 10 are concerned, considering the nature of accusation, there being counter case and petitioners having no criminal antecedent, let the above named petitioner nos. 1 to 4 and 7 to 10 be released on bail in the event of their arrest or surrender

Patna High Court Cr.Misc. No.38798 of 2015 (2) dt.30-09-2015 before the learned court below within a period of twelve weeks from today, 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, Bhojpur, Ara in connection with Ara Town P.S. Case No. 301 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T