Umesh Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.40056 of 2017 (2) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40056 of 2017 Arising Out of PS.Case No. -67 Year- 2015 Thana -KATORIA District- BANKA ======================================================

1. Umesh Yadav, son of Naveen Yadav.

2. Naveen Yadav, son of Bishwanath Yadav.

3. Janardan Yadav, son of Late Moti Yadav.

4. Basudeo Yadav, son of Late Moti Yadav, All residents of village - Paprawa, P.S. Katoirya (Suia), District - Banka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Katoriya (Suia) P.S. Case No. 67 of 2015, registered under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substance Act. The accusation is that 12 persons named in the F.I.R. including the petitioner having armed with axe, lathi, pistol and bomb came at the door of the informant and started to abuse and asked about Jai Prakash Yadav, informant. When the mother of the informant made protest then Baleshwar Yadav assaulted her

Patna High Court Cr.Misc. No.40056 of 2017 (2) dt.18-09-2017 through fist and slaps, on which, the father of the informant rushed to save his mother then Amod Yadav hurled a bomb, which hit on the wall, due to which, his father sustained injury. On raising alarm, villagers came there then all accused persons fled away. Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act has been attributed against them rather petitioners and the informant are co-villagers. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate Ist, Banka, in connection with Katoriya (Suia) P.S. Case No. 67 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T