Naresh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4210 of 2018 Arising Out of PS.Case No. -72 Year- 2017 Thana -AAYAR District- BHOJPUR ======================================================
1. Naresh Yadav S/o Sree Yadav
2. Gudu Yadav @ Bimlesh Singh Yadav S/o Ram Sakal Yadav. Both are Resident of Village-Kusumha P.S. Ayar District-Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Ayar P.S. Case No. 72 of 2017 dated 19.10.2017 for the offences under Sections 147, 148, 149, 341, 325, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioners and some of the other named accused persons and about 100 unnamed, are alleged to have prevented the informant from irrigating his field. They are also said to have fired several rounds, but the firing did not result in any injuries on the person of the informant or anybody. While all this was happening, the informant has alleged that petitioner no. 2 assaulted him by
Patna High Court Cr.Misc. No.4210 of 2018 (2) dt.01-02-2018 means of an iron rod on his head leading to injuries. Other accused persons are also said to have assaulted him.
Learned counsel for the petitioners has submitted that earlier to the present case, petitioner no. 2 had filed a case against the informant and others vide Ayar P.S. Case No. 71 of 2017 dated 18.10.2017 under Sections 147, 148, 149 and 307 of the IPC. That apart, it has been submitted that there has been a settlement between the parties because of intervention by the members of the public as well as the well wishers of both the sides. The informant, now, does not wish to prosecute the petitioners and other accused persons any further.
Considering the aforesaid aspects, some of the other accused persons of the counter case (Ayar P.S. Case No. 71 of 2017) have been granted anticipatory bail.
The petitioners do not bear any criminal antecedents. For the facts stated above, the petitioners above named, are directed to be released in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhojpur, Ara in
Patna High Court Cr.Misc. No.4210 of 2018 (2) dt.01-02-2018 connection with Ayar P.S. Case No. 72 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) KKSINHA/- U T