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Patna High CourtCR. MISC./24844/2019bail granted

Puro Yadav v. The State Of Bihar

2019-04-17Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24844 of 2019 Arising Out of PS. Case No.-153 Year-2016 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Puro Yadav, aged about 35 Years, Male, Son of Buteli Yadav @ Buleti Yadav, Resident of Village - Kola, P.S.-Jagdishpur, Distt - Bhagalpur. 2.

Buteli Yadav @ Buleti Yadav, aged about 46 years, Male, Son of late Makhru Yadav, Resident of Village - Kola, P.S.-Jagdishpur, Distt - Bhagalpur.

3.

B.A. Yadav, aged about 37 years, Male, Son of Buteli Yadav @ Buleti Yadav Resident of Village - Kola, P.S.-Jagdishpur, Distt - Bhagalpur. 4.

Raj Kumar Yadav @ Raj Kumar @ Dabba Yadav, aged about 23 Years, Male, Son of Buteli Yadav @ Buleti Yadav Resident of Village - Kola, P.S.- Jagdishpur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sabour (Goradih) P.S. Case no. 153 of 2016, registered under Sections 457, 380 and 506/34 of the Indian Penal Code.

Petitioner Raj Kumar Yadav @ Dabba Yadav is said to have tried to snatch the ear ring of the informant intruding into her house in the night and on hulla made by the

Patna High Court CR. MISC. No.24844 of 2019(2) dt.17-04-2019 2/3 informant he along with 2-3 unknown miscreants made good their escape taking the box containing jewellery and cash. On the following morning rest three petitioners are said to have extended threatening of dire consequence to the informant in case of filing case by her.

It is submitted by learned counsel for the petitioners that no occurrence as alleged ever took place. No incriminating article has been recovered from the conscious physical possession of the petitioners. Impugned order indicates that the witness Sanjay Yadav has given statement regarding snatching of ear ring of the informant by the petitioner Raj Kumar Yadav merely on the revelation of the informant. Petitioners have been falsely implicated in the case merely because they have raised protest against encroaching of the passage which goes to the village temple by the informant by constructing house on the same. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of

Patna High Court CR. MISC. No.24844 of 2019(2) dt.17-04-2019 3/3 the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Sabour (Goradih) P.S. Case No. 153 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T