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Patna High CourtCR. MISC./71402/2018bail granted

Hari Yadav And ANR v. The State Of Bihar

2018-12-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71402 of 2018 Arising Out of PS. Case No.-158 Year-2018 Thana- KATORIYA District- Banka ======================================================

1. Hari Yadav, Son of Late Titu Yadav.

2. Shambhu Yadav, Son of Late Gulli Yadav.

Both are Resident of Village- Laraiya, P.S.- Katoriya, DistrictBanka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Ram Sumiran Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Katoria P.S. Case No.158 of 2018 registered under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code besides Sections 3, 4 and 5 of the Explosive Substance Act. The accusation is that the informant along with his two sons, namely, Ajay Khaira and Ganauri Khaira, was putting the hut in the forest. At that time, Hari Yadav (petitioner no.1) made protest. Thereafter, 10 other persons, named in the F.I.R., along with 20-25 unknown came there and started to abuse and caused assault through fists, slaps, lathi and danda. In that

Patna High Court Cr.Misc. No.71402 of 2018(2) dt.06-12-2018 2/2 course, Pappu Tanti, Ashok Tanti and Bihari Yadav hurled bomb causing injury to Ajay Khaira and Ganauri Khaira, both sons of the informant.

Learned counsel appearing on behalf of the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act is attributed to them. The petitioners having no criminal antecedents are in custody since 06.09.2018. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Katoria P.S. Case No.158 of 2018. (Rajendra Kumar Mishra, J) P.S./- U T