Patna High CourtCR. MISC./79251/2018bail granted

Chandeshwar Yadav And ORS v. The State Of Bihar

2019-01-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79251 of 2018 Arising Out of PS. Case No.-53 Year-2015 Thana- FESHAR District- Aurangabad ======================================================

1. Chandeshwar Yadav Son of Ram Das Yadav

2. Dharmraj Yadav Son of Gaya Yadav

3. Bahadur Yadav @ Bahdur Yadav Son of Sivpati Yadav

4. Durga Yadav Son of Suresh Yadav All Resident of Village - Netalal Bigha, P.S.- Feshar, District - Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard both sides.

The petitioners apprehend their arrest in Fesar P.S. Case No.53 of 2015 registered under Sections 307, 326 and other minor Sections of the Indian Penal Code. The informant named the petitioners along with nine other persons and alleged that all the accused persons assaulted the informant and others.

The learned counsel for the petitioners submits that police after investigation did not find the case true against the petitioners and submitted chargesheet finding the case true against nine accused persons but the learned A.C.J.M. vide order dated 12.12.2017 took cognizance against the petitioners

Patna High Court Cr.Misc. No.79251 of 2018(2) dt.28-01-2019 2/2 also.

Considering the aforesaid facts and the fact that there is no specific allegation of assault against the petitioners and the investigating officer after investigation found the accusation against the petitioners false, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Aurangabad in connection with Fesar P.S. Case No.53 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T