Bhojal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42065 of 2017 Arising Out of PS.Case No. -62 Year- 2015 Thana -SONO District- JAMUI ======================================================

1. Bhojal Yadav,

2. Khubhi Yadav,

3. Nago Yadav, All are Sons of Late Debi Yadav, Resident of Village- Balthar, P.S.- Sono, District- Jamui.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sono P.S. Case No. 62 of 2015 registered under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was also added in the FIR.

It is submitted by the learned counsel for the petitioners that on completion of investigation, the police

Patna High Court Cr.Misc. No.42065 of 2017 (2) dt.21-09-2017 submitted final form against the petitioners holding the accusation against them to be false. So far as the other accused persons named in the FIR are concerned, charge-sheet was filed by the police as their complicity was found in the commission of the alleged offence. His contention is that there being no cogent material against the petitioners, the learned Magistrate differed with the police report and summoned the petitioners also after taking cognizance of the offence.

Regard being had to the submissions made above as also the fact that death of the victim took place after nine days of the occurrence, in the event of arrest or surrender in the court below within six weeks from today, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st Jamui in connection with Sono P.S. Case No. 62 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

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