Shawan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9304 of 2018 Arising Out of PS.Case No. -364 Year- 2017 Thana -RAJAUN District- BANKA ======================================================
1. Shawan Yadav, Son of Sri Medi Yadav,
2. Lalu Yadav, Son of Sri Medi Yadav,
3. Murari Yadav, son of Late Chhedi Yadav,
4. Mintu Yadav, son of Late Chhedi Yadav,
5. Laddu Yadav, son of Late Chhedi Yadav,
6. Chandu Yadav, Son of Sri Badri Yadav,
7. Shanu Kumar @ Sonu Kumar, Son of Sri Badri Yadav,
8. Badri Yadav, Son of Late Bhundeo Yadav,
9. Ravan Yadav, Son of Late Bhundeo Yadav,
10. Vikki Yadav, Son of Sri Ravan Yadav
11. Rupesh Kumar, Son of Sri Ravan Yadav, All residents of VillageGhutia, Police Station Rajoun, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma, Adv. For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, APP For the Informant : Mr. Ratan Kumar Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Rajoun P.S.Case No. 364 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that there is general and omnibus allegation of assault made in the First Information Report lodged against altogether 14
Patna High Court Cr.Misc. No.9304 of 2018 (2) dt.17-02-2018 2/2 accused persons. However, the injured had sustained only two injuries and it could not be ascertained as to who were the authors of those two injuries. He submitted that similarly circumstanced co-accused Pawan Yadav has already been granted pre-arrest bail by a Bench of this Court by order dated 20.12.2017 passed in Cr.Misc. No. 50984 of 2017, as contained in Annexure-2 to the present application.
Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioners. However, he conceded that the case of the petitioners stands on identical footing to that of the co-accused Pawan Yadav. In view of the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S.Case No. 364 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T