Binay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34408 of 2016 Arising out of P.S. Case No. -64 Year- 2013 Thana - BENIPATTI District- MADHUBANI =============================================

1. Binay Yadav, Son of Rajeshwar Yadav,

2. Jibachh Yadav, Son of Late Phahar Yadav,

3. Chandrashekhar Azad, Son of Jibachh Yadav,

4. Jay Kishor Yadav, Son of Raje Yadav, All are resident of Village- Pauam, P.S.- Benipatti, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate. : Mr. J. K. Bharti, Advocate.

For the Informant : Mr. Ratnakar Jha, Adv.

For the State : Dr. Ajeet Kumar, APP.

============================================= CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

02. 29.09.2016 Heard learned counsel for the petitioners, informant and the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 435, 504 and 379 of the Indian Penal Code.

It is contended on behalf of the petitioners that specific allegation of assault is on Lal Babu Yadav and Rajeshwar Yadav. So far as the petitioners are concerned, there are general and omnibus allegations against them. The Police has submitted

Patna High Court Cr.Misc. No.34408 of 2016 (2) dt.29-09-2016 final form exonerating the petitioners as charge-sheet was submitted only against other co-accused persons, however, the Court concerned has taken cognizance against the petitioners also. The cause of altercation is said to be the differences which have arisen between the parties at the time of panchayati. It is further contended that the petitioners have never been granted privilege of police bail.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Binay Yadav, Jibachh Yadav, Chandrashekhar Azad and Jay Kishor Yadav 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 Benipatti P.S. Case No. 64/2013 (G.R. No. 1246 of 2013), on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Benipatti, Madhubani subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. Vikash/- (Dr. Ravi Ranjan, J.) U T