← Library
Patna High CourtCR. MISC./31370/2016bail granted

Ganesh Prasad Yadav @ Ganesh Yadav And ORS v. The State Of Bihar

2016-08-16Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31370 of 2016 Arising out of P.S. Case No. -131 Year- 2016 Thana -SIMRI BAKHTIARPUR District- SAHARSA ===================================================

1. Ganesh Prasad Yadav @ Ganesh Yadav, Son of Mahavir Yadav.

2. Pawan Kumar @ Pawan Yadav, son of Ganesh Yadav @ Ganesh Prasad Yadav.

3. Lakhan Yadav, Son of Late Mahavir Yadav.

4. Warun Yadav @ Barun Yadav, Son of Late Mahavir Yadav.

5. Jiyalal Yadav, Son of Late Maithar Yadav.

6. Wisun Mehta @ Bisun Mehta Son of Late Mangan Mehta.

7. Surendra Mehta, son of Wisun Mehta @ Bisun Mehta

8. Satish Mehta, Son of Sunil Mehta.

9. Sikchi Mehta, Son of Late Mangan Mehta.

10. Madan Kumar @ Madan Mehta, Son of Sikchi Mehta

11. Prakash Mehta, Son of Brahmdev Mehta All are Resident of Village- Lagma, P.S- Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra, Adv. : Mr. Vijay Kumar Mukul, Adv For the Opposite Party/s: Sri Binod Kumar No. 2, Adv. =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

02. 16.08.2016 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 342, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

It is contended on behalf of the petitioners that the specific allegation of firing is upon co-accused, Arvind Yadav which has allegedly caused injury upon left thigh of the

Patna High Court Cr.Misc. No.31370 of 2016 (2) dt.16-08-2016 Informant. So far thirteen persons including the petitioners are concerned, there is general and omnibus allegation that they were members of the unlawful assembly. It is further contended that the petitioners have clean antecedents. Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Bakhtiarpur P.S. Case No. 131/2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below will verify and assure itself regarding the criminal antecedent of the petitioners. If the petitioners are having clean antecedent then their bail bonds would be accepted otherwise they would be taken in custody.

Vikash/- (Dr. Ravi Ranjan, J.) U T