Mattan Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58262 of 2015 Arising Out of PS.Case No. -254 Year- 2015 Thana -KAHALGAUN District- BHAGALPUR =====================================

1. Mattan Yadav.

2. Ashok Yadav.

Both Sons of Mangal Yadav.

3. Pradhan Yadav @ Parmat Yadav, Son of Bhairo Yadav. All residents of village Aurangabad, P.S. Kahalgaon, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pravina Kumari, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Tiwary (A.P.P. ) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel, appearing on behalf the petitioners, and learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Kahalgaun P.S. Case No.254 of 2015, disclosing offences under Sections 447, 341, 323, 379,

Patna High Court Cr.Misc. No.58262 of 2015 (2) dt.01-02-2016 2/3 504, 506 and 307/34 of the Indian Penal Code. The occurrence appears to have taken place over plucking of Mango fruits in the informant's orchard. Learned counsel, appearing on behalf of the petitioners, submits that even as per the First Information Report, no offence, under Section 307 of the Indian Penal Code, is made out against these petitioners and the injury sustained upon the head of the informant has been found to be simple in nature. The petitioners have no criminal antecedent, as stated in paragraph 3 of the application. Considering the submission, as above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.

10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhagalpur, in connection with Kahalgaun P.S. Case No.254 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when

Patna High Court Cr.Misc. No.58262 of 2015 (2) dt.01-02-2016 3/3 required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T