Ram Krishna Yadav @ Ram Kishun Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.36229 of 2017 (4) dt.06-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36229 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Ram Krishna Yadav @ Ram Kishun Yadav, S/o Late Kamleshwari Yadav.

2. Sunil Yadav, S/o Ram Krishna Yadav, @ Ram Kishun Yadav.

3. Anjan Yadav @ Anjan Kumar, S/o Ram Krishna Yadav @ Ram Kishun Yadav.

4. Bintun Yadav @ Bintun Kumar, S/o Ram Krishna Yadav @ Ram Kishun Yadav. All are resident of Village- Khopaiti, P.S.- Sourbazar, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Sri Uday Chand Prasad, A.P.P. For the Informant : Mr. Ranjit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sour Bazar Police Station Case No. 124 of 2017, disclosing offences under Sections 354, 365, 366, 341, 323, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the alleged occurrence is of 10.07.2017 whereas the instant

Patna High Court Cr.Misc. No.36229 of 2017 (4) dt.06-10-2017 F.I.R. has been lodged on 21.07.2017 after lapse of 11 days without explaining the plausible delay, which creates doubt over the prosecution version. Moreover, no injury report is available on record in support of allegation as alleged in the F.I.R. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar Police Station Case No. 124 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T