Ravindra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48215 of 2017 Arising Out of PS. Case No.-29 Year-2017 Thana- HARNAUT District- Nalanda ====================================================== 1.
Ravindra Yadav 2.
Gopal Yadav Both sons of Hanuman Yadav, Resident of Village - Tira, P.S. - Harnaut Chero (O.P.), District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-10-2017 Heard learned Counsel appearing on behalf of the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 504 of the Indian Penal Code and 27 of the Arms Act. Prosecution case is that the informant, Sunil Kumar Rajak, SHO of Harnaut Chero (O.P), on receiving information on 09.02.2017 at 10.00 PM that two groups are firing on each other, reached Village -Tira and found that at the house of Kamta Singh, some Satya Narayan Puja is going on and people
Patna High Court Cr.Misc. No.48215 of 2017(2) dt.18-10-2017 2/3 were participating in the Puja. One Rana Uday Singh was present there, he abused the father of the petitioners as a result of which the firing was resorted by both sides. Admittedly none have received any injury. Though the petitioners anticipatory bail application was rejected by the learned Sessions Judge vide order dated 26.07.2017 passed in ABP No. 1837 of 2017, but the petitioner renewed his prayer for bail vide ABP No. 2008 of 2017 on the ground that the co-accused Rana Udai Singh has been granted anticipatory bail vide ABP No.1090 of 2017 by the 7th Additional Sessions Judge, Naland at Bihar Sharif. It is submitted by learned Counsel appearing on behalf of the petitioners that the accusation is omnibus and general. Admittedly, no injury was caused to anyone. A statement has been made in paragraph no.3 of the petition that the petitioners have no criminal antecedent.
Considering the omnibus and general nature of accusation coupled with the fact that none received any injury, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 learned CJM,
Patna High Court Cr.Misc. No.48215 of 2017(2) dt.18-10-2017 3/3 Nalanda at Biharsharif in connection with Harnaut (Chero) P.S. Case No.29 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T