Ajay Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.28787 of 2017 (3) dt.04-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28787 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ajay Yadav Son of Babu Lal Yadav

2. Babu Lal Yadav Son of Late Jokhan Yadav

3. Shailesh Yadav Son of Babu Lal Yadav

4. Ranjay Yadav Son of Babu Lal Yadav all are residents of Village - Narayanpur, P.S. - Dumariyaghat, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dumariyaghat Police Station Case No. 22 of 2017, disclosing offences under Sections 341, 147, 323, 324, 447, 504, 307 and 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the occurrence took place on 27.01.2017 whereas the F.I.R. has been lodged on 04.02.2017 after lapse of five days without explaining the

Patna High Court Cr.Misc. No.28787 of 2017 (3) dt.04-09-2017 plausible delay. As a matter of fact, the parties are in inimical terms since long and on account of that altercation took place between them in which both the parties have sustained injuries for which case and counter case have been lodged by both the parties. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Dumariyaghat Police Station Case No. 22 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T