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Patna High CourtCR. MISC./21878/2017allowed

Binay Yadav And ORS v. The State Of Bihar

2017-11-15Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21878 of 2017 Arising Out of PS. Case No.-228 Year-2016 Thana- MAKHDUMPUR District- Jehanabad ======================================================

1. Binay Yadav,

2. Binodi Yadav,

3. Subodhi Yadav @ Subodh Yadav

4. Pramodi Yadav,

5. Dulare Yadav, all son of Shri Yadav, resident of VillageUpadhaya Bigha, P.S.- Makhdumpur, District- Jahanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amrendra Kumar Singh For the Opposite Party/s :

Mr. SRI CHANDRASEN PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-11-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Makhdumpur P.S. Case No. 228 of 2016 registered for the offence punishable under sections 447, 341, 323, 354B, 504, 506/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case due to previous enmity. The allegations levelled are baseless and concocted. Nothing specific has been alleged against these petitioners. During investigation also, witnesses have not supported the prosecution case. Similarly situated co-accused has been granted bail by this Court vide order dated 06.02.2017

Patna High Court Cr.Misc. No.21878 of 2017(5) dt.15-11-2017 2/2 passed in Cr. Misc. No. 5497 of 2017 (Annexure-3). Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 228 of 2016 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T