Pankaj Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.292 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -SUIYA District- BANKA ======================================================

1. Pankaj Yadav, S/o Babulal Yadav,

2. Chhotu Yadav, S/o Babulal Yadav,

3. Babulal Yadav, S/o Late Mauji Yadav, All resident of Village- Asnatari, Police Station- Suiya, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Suiya PS case no. 109 of 2017 registered for the offences punishable under Sections 308 and other sections of Indian Penal Code.

At the outset, after some arguments, the learned counsel for the petitioners seeks to withdraw the present petition as far as petitioner no. 1 is concerned.

The petition is disposed of as withdrawn so far as petitioner no. 1 is concerned.

On coming to the merits of the case, the case of the informant is that the accused persons had assaulted the sister of the informant and other members of the prosecution side resulting in injuries on the said persons. The main allegation is regarding the

Patna High Court Cr.Misc. No.292 of 2018 (4) dt.15-02-2018 2/2 petitioner no. 1 assaulting the prosecution side resulting in grievous injuries to prosecution side.

The learned counsel for the petitioners submits that as far as petitioners no. 2 and 3 are concerned, there is no allegation of any overt act against them and they are having clean antecedents.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit petitioners no. 2 and 3 to the privilege of anticipatory bail. Accordingly, the petitioners no. 2 and 3, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Banka in connection with Suiya PS case no. 109 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T