Kapil Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38275 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -CHANAN District- LAKHISARAI ======================================================
1. Kapil Yadav, Son of Late Budhan Yadav,
2. Bambam Yadav @ Baban Yadav Son of Kamo Yadv,
3. Guddu Yadav Son of Balchand Yadv,
4. Adhik Yadav Son of Charo Yadav All Are R/o Village- Gopalpur, P.S.- Chanan, District- Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the State : Mr. R. B Roy Raman, A.P.P. For the Opposite Party/s : Mr. Jyoti Ranjan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners, learned counsel for the informant and leaned Additional Public Prosecutor of the State.
The petitioners are apprehending their arrest in connection with Chanan P.S.Case No. 98 of 2016 registered for offences punishable under Sections 147, 148, 149, 323, 324, 385, 379 , 504 and 307 of the Indian Penal Code. It is alleged that on the date of occurrence, the informant and other family members had assembled to solve the land dispute. Meanwhile, accused Rajendra Yadav demanded money and thereafter a scuffle started and the informant was
Patna High Court Cr.Misc. No.38275 of 2017 (2) dt.18-08-2017 2/2 assaulted.
Learned counsel for the petitioners submits that the allegation of assault by sword is against Rajednra Yadav. It is also submitted that there is absolutely no allegation against these four petitioners and they were allegedly members of the mob. Learned counsel for the informant as well as learned A.P.P. opposes the prayer for bail.
Considering the facts and circumstances of the case, the prayer of Anticipatory bail of petitioners is allowed and in the event of their arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each in connection with Chanan P.S.Case No. 98 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the condition laid down under Section 438 (2) of the Criminal Procedure. (Sanjay Kumar, J) Sudha/- U T