Anil Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58464 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -Jehanabad GRP CASE District- Jehanabad ======================================================

1. Anil Yadav, Son of Nanhu Yadav

2. Sudhir Yadav, Son of Nanhu Yadav

3. Kaushal Kumar, Son of Anil Yadav

4. Manish Kumar, Son of Anil Yadav All are residents of village- Teni Bigha, P.S. Nagar (Jehanabad), District Jehanabad .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bindhyachal Singh, Advocate Mr. Umesh Kumar, Advocate For the Opposite Party/s : Mr. Ashraf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is contended that the petitioner nos. 1 and 2 are nephews of the informant whereas the petitioner nos. 3 and 4 are sons of the nephew of the informant. It is further contended that the petitioners have been named in the FIR merely on the basis of suspicion and it is not understandable as to why the informant was sleeping on the railway platform. It is further apparent from the FIR that the informant has seen the miscreants from behind but he

Patna High Court Cr.Misc. No.58464 of 2015 (2) dt.01-02-2016 2/2 could not recognize them and only on the suspicion that the petitioners were angry with him for some dispute in the family matters, he has named them.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Anil Yadav, Sudhir Yadav, Kaushal Kumar and Manish Kumar be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Jehanabad Rail P.S. Case No.38 of 2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Gaya subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T