Kanhaiya Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25226 of 2017 Arising Out of PS.Case No. -21 Year- 2016 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Kanhaiya Yadav, Son of Tega Yadav

2. Jai Bind Kumar @ Jaibind Kumar Yadav, Son of Kanhaiya Yadav, Both are Resident of Village-Kohrauta, Police Station-Pachrukhi, DistrictSiwan. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-07-2017 Heard learned counsel for the petitioners. Despite repeated calls, nobody appears on behalf of the State. The petitioners seek pre-arrest bail in connection with Pachrukhi P.S. Case No. 21 of 2016 registered for the offences punishable under Sections 188 and 353/34 of the Indian Penal Code.

It is submitted that there is no allegation against the petitioners that they assaulted or used criminal force to deter any public servant from discharge of his duties. He submitted that from the allegations made in the FIR, the ingredients of

Patna High Court Cr.Misc. No.25226 of 2017 (2) dt.01-07-2017 2 / 2 Section 188 and 353 of the Indian Penal Code are not attracted. Be that as it may, considering the general and omnibus nature of allegation, in the event of arrest or surrender within a period of six weeks from today, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Siwan in connection with Pachrukhi P.S. Case No. 21 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T