Sita Ram Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50116 of 2016 Arising Out of PS.Case No. -441 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Sita Ram Yadav son of late Andu Yadav
2. Arun Yadav son of Ghotan Yadav
3. Rajo Yadav son of Ghotan Yadav
4. Suresh Yadav son of Gayanand Yadav
5. Ravindra Yadav son of Gayanand Yadav
6. Zilshay Kumar @ Zilyash Kumar son of Mahanand Yadav
7. Dimoud Kumar @ Diamond Kumar son of Mahanand Yadav
8. Dheeraj Kumar @ Dheeraj Yadav son of Sita Ram Yadav
9. Biraj Kumar @ Biraj Kr. Yadav son of Sita Ram Yadav All are residents of village - Arraha, Police Station - Forbesganj, District - Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 323, 354B, 307, 380, 504 and 506 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners assaulted the informant and his family members indiscriminately by means of deadly weapons, due to which they sustained grievous injuries and they also took away boxes containing cash of Rs.1 lac and ornaments worth Rs.1 lac.
Patna High Court Cr.Misc. No.50116 of 2016 (2) dt.23-11-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out. There is admitted enmity between the parties. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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, Araria in connection with Forbesganj P.S. case No.441 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T