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Patna High CourtCR. MISC./1042/2015bail granted

Niranjan Yadav @ Niranjan Kumar And ORS v. The State Of Bihar

2015-01-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1042 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -CHANDAULI District- GAYA ======================================================

1. Niranjan Yadav @ Niranjan Kumar

2. Kanhai Yadav.

3. Tarkeshwar Yadav.

4. Baliram Yadav.

5. Sachitanand Yadav.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 387 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that Panchayat Mukhiya was demanding extortion from the informant and on refusal of the same, the informant was assaulted with the butt of the rifle, thereafter the son of the Panchayat Mukhiya Niranjan Yadav came and fired in the air when other accused persons also assaulted the informant. It is submitted by learned counsel for the petitioners that accusation of assault is not specific against the petitioners when the accusation is omnibus and general. Moreover, the injury has

Patna High Court Cr.Misc. No.1042 of 2015 (2) dt.12-01-2015 2/2 been found to be simple in nature. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Gaya in connection with Chandauti P.S. Case No. 136 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T