Bhithal Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37736 of 2017 Arising Out of PS.Case No. -818 Year- 2016 Thana -BANKA District- BANKA ======================================================
1. Bhithal Yadav, Son of Late Chutar Yadav,
2. Rohit Yadav, Son of Bhithal Yadav, Both are R/o Village- Lohani Kuraba, P.S.- Banka, District- Banka.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-08-2017 Heard learned counsels for the petitioners and the State.
The petitioners apprehend their arrest in connection with Banka P. S. Case No. 818 of 2016 instituted under Sections 147, 148, 149, 341, 323, 325, 307, 379, 448, 504 and 506 of the Indian Penal Code.
The allegation, in brief, is that petitioners, forming an unlawful assembly, came to the house of the informant and assaulted the informant and others.
It is submitted that there is general and omnibus allegation against the petitioners and there is no specific allegation of assault against these two petitioners and similarly situated coaccused persons have been granted bail by a co-ordinate Bench of
Patna High Court Cr.Misc. No.37736 of 2017 (2) dt.16-08-2017 2/2 this Court by order dated 25.05.2017 in Cr. Misc. No. 23084 of 2017 and the petitioners have no criminal antecedents. Having considered the aforesaid facts and circumstances, let the petitioners, namely, Bhithal Yadav and Rohit Yadav, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P. S. Case No. 818 of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U