Patna High CourtCR. MISC./5635/2018partly allowed disposal

Brahmdeo Yadav And ANR v. The State Of Bihar

2018-02-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5635 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================

1. Brahmdeo Yadav son of Late Bandhu Yadav.

2. Pramod Yadav @ Parmo Yadav son of Brahamdeo Yadav. Both are resident of village-Saroni, P.S.-Kawakola, DistrictNawada. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the State : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kauakol P.S. Case No.186 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

Regard being had to the fact that there is no allegation in the FIR against the petitioner no.1 Brahmdeo Yadav that he assaulted any one, in the event of arrest or surrender in the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.5635 of 2018 (2) dt.09-02-2018 2/2 Chief Judicial Magistrate, Nawada in connection with Kauakol P.S. Case No.186 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner no.2 Pramod Yadav @ Parmo Yadav is concerned, there is specific allegation against him of brutally assaulting the brother of the informant, I am not inclined to grant him pre-arrest bail.

Accordingly, the application for grant of pre-arrest bail to petitioner no.2 is rejected. In case he surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T