Patna High CourtCR. MISC./76349/2018partly allowed disposal

Sanjay Yadav And ORS v. The State Of Bihar

2018-12-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76349 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- AKBARPUR District- Nawada ======================================================

1. Sanjay Yadav Son of Ramswaroop Yadav.

2. Surendra Yadav @ Surendra Prasad Yadav Son of Ramswaroop Yadav.

3. Arbind Yadav Son of Indradeo Yadav All are Resident of VillageFatehpur P.S. Albarpur Dist.-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Akbarpur P.S. Case No. 222 of 2018 for the offence under sections 147, 341, 323, 354, 307 and 379 of the Indian Penal Code.

There is allegation of assault against petitioner nos. 1 and 2, therefore, the Court is not inclined to grant anticipatory bail.

So far as petitioner no.3 is concerned, there is no specific overt act alleged against petitioner no.3. Considering the fact that there is case and counter

Patna High Court Cr.Misc. No.76349 of 2018(2) dt.19-12-2018 2/2 case and petitioner has no criminal antecedent, let the petitioner No. 3, namely, Arbind Yadav in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-1st, Nawada, in connection with Akbarpur P.S. Case No. 222/18 subject to the condition as laid down under section 438(2) of the Cr.P.C.

So far as petitioner nos. 1 and 2 are concerned, on surrender, the court below is directed to dispose of the application for regular bail on the same day without being influenced by the rejection of the anticipatory bail. (Anil Kumar Upadhyay, J) Ravi/- U T