Shyamdeo Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51703 of 2015 ======================================================

1. Shyamdeo Yadav son of Late Dhanu Yadav

2. Tapeshwar Yadav son of Rampravesh Yadav

3. Sumindra Yadav @ Surendra Yadav son of Late Dhanu Yadav

4. Akhilesh Yadav @ Akhilesh Kumar son of Devraj Yadav All are residents of village- Birnawa, P.S.- Anti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh No. 6, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Anti P.S. Case No.38 of 2015 registered under Sections 436 and 427/34 of the Indian Penal Code.

It is contended that there is no truth behind the allegations made in the FIR. The petitioners have been implicated in the present case simply because father of petitioner no.2 Ram Pravesh Yadav had instituted Anti P.S. Case No.37 of 2015 under sections 323, 341, 504 and 379/34 of the Indian Penal Code against the informant of the present case. It is further contended that the petitioners have no criminal antecedent and having got

Patna High Court Cr.Misc. No.51703 of 2015 (2) dt.09-11-2015 2/2 roots in the society they are not likely to abscond or tamper with the evidence, if released on bail.

Learned counsel for the State has opposed the application filed on behalf of the petitioners. Regard being had to the allegations made in the FIR and the fact that only one day prior to the institution of the present FIR father of petitioner no.2, namely, Rampravesh Yadav had instituted a case against the informant and others, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Anti P.S. Case No. 38 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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