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Patna High CourtCR. MISC./23650/2019disposed

Suresh Yadav v. The State Of Bihar

2019-04-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23650 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- KATORIYA District- Banka ====================================================== 1.

Suresh Yadav Son of Late Tetu Yadav 2.

Naresh Yadav @ Naresh Pd. Yadav Son of Late Tetu Yadav 3.

Yogendra @ Babu Yadav Son of Naresh Yadav @ Naresh Prasad Yadav 4.

Lalu Yadav Son of Suresh Yadav 5.

Arjun Yadav Son of Bangali Yadav All are residents of Village- Katorla (Dandi Par), P.S.- Katoria, DistrictBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dronacharya, Advocate For the Opposite Party/s :

Mr. Manish Kumar No2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Katoria P.S. Case No.73 of 2017, G.R. No. 1495 of 2017, registered for the offence punishable under Sections 147, 341, 323, 504 and 506 of the Indian Penal Code. Allegation has been made that all the accused persons including the petitioners have assaulted the informant and his sister causing injuries. However, learned counsel for the petitioners submits there is no specific allegation of assault against the petitioners.

Patna High Court CR. MISC. No.23650 of 2019(2) dt.12-04-2019 2/2 Looking to criminal antecedent of the petitioner nos. 1, 2 and 3, this Court is not inclined to grant bail to the petitioners.

Accordingly, the prayer for bail is rejected. However, if the petitioners surrender before the Court below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. Looking to the fair antecedent of the petitioner nos. 4 and 5, let the petitioner nos. 4 and 5, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Banka in connection with Katoria P.S. Case No.73 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T