Sandeep Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54867 of 2016 Arising Out of PS.Case No. -349 Year- 2015 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Sandeep Yadav, S/o Upendra Chaudhary.

2. Ram Babu Yadav, S/o Sadhu Chaudhary. Both residents of Village : Jigan Gopal Tole Kharnahi, P.S.: - Meerganj, District : - Gopalganj. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Meerganj P.S. Case No. 349 of 2015 for the offences instituted under Sections 341, 323, 324, 308, 447 and 504/34 of the IPC.

The prosecution story, in brief, is that on 08.12.2015, four persons including the petitioners were planting the paddy crops and also fixing Khunta on the land of the informant then the informant made protest, thereafter, they started to abuse him. When his son Bipin Kumar Chaurasia rushed to save him then he was also assaulted by stick. While he and his son rushed towards

Patna High Court Cr.Misc. No.54867 of 2016 (2) dt.22-12-2016 2/2 his house then co-accused Rajesh Yadav gave knife blow at the head of Rajesh Yadav, son of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The main allegation is against co-accused Rajesh Yadav and he has been granted anticipatory bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 9707 of 2016 vide Annexure-2 to the present application.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Meerganj P.S. Case No. 349/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T