Dilo Yadav @ Dileshwar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17119 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -SONBERSA District- SAHARSA ======================================================

1. Dilo Yadav @ Dileshwar Yadav S/o Chhabbu Yadav

2. Mukesh Yadav Son of Nawal Kishore Yadav

3. Gautam Yadav S/o Nawal Kishore Yadav

4. Fulcho Yadav Son of Dilo Yadav @ Dileshwar Yadav

5. Santosh Yadav Son of Balo Yadav All Resident of Village-Rakhauta P.S.-Sonbarsa Raj Distt. Saharsa.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sonbarsa Raj P.S. Case no. 161 of 2016, registered under Sections 147, 148, 149, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that Papu Yadav, brother of the informant, was attending ward meeting, in the meantime,14 persons named in the F.I.R. including the petitioners variously armed with weapons reached there and Krishna Kumar and Ram Kumar snatched the register and torn the same. At that time, Krishna Kumar and Ram Kumar with intention to kill fired at the informant and also caused injury to Papu Yadav.

Patna High Court Cr.Misc. No.17119 of 2017 (3) dt.27-07-2017 2/2 Learned counsel for the petitioners submits that while petitioners are named in the F.I.R., but no specific overt act has been attributed against them and specific allegation has been leveled against Krishan Kumar and Ram Kumar, who made firing at Papu Yadav, brother of the informant. Further submission is that due to grudge and enmity, the petitioners have also been implicated in this case. 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 four 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 Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj P.S. Case No. 161 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T