Binay Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48802 of 2016 Arising Out of PS.Case No. -205 Year- 2014 Thana -GHOSI District- JEHANABAD ======================================================
1. Binay Yadav Son of Rameshwar Yadav
2. Harendra Yadav Son of Rameshwar Yadav
3. Rameshwar Yadav Son of Late Sree Yadav All residents of Village- Langari Sarai, P.S.- Ghosi, DistrictJehanabad. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-12-2016 Heard Sri Umesh Kumar, learned counsel for the petitioners and Sri (Dr.) Ajeet Kumar, learned Addl. Public Prosecutor.
Three petitioners, apprehending their arrest in Ghosi P.S. Case No. 205/2014 registered for the offence under Sections 341, 323, 325, 307/34 of the Indian Penal Code, have prayed for grant of anticipatory bail, primarily on the ground that though the petitioners were named accused in the F.I.R. along with others, the police after investigation submitted final report showing innocence so far as petitioners are concerned, whereas chargesheet was submitted against other accused. Thereafter, the learned Magistrate has taken cognizance against petitioners also.
Patna High Court Cr.Misc. No.48802 of 2016 (2) dt.06-12-2016 2/3 He has further relied on Annexure-5 to the present petition to show that two accused persons, namely, Phuleshwar Yadav @Kauleshwar Yadav and Nawal Yadav, who were forwarded as accused in the chargesheet, have been granted privilege of anticipatory bail.
Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail of the petitioners. However, considering the fact that the accusation against the petitioners by the statutory investigating agency was not found true and they were not forwarded as accused and subsequently they have been made accused after order of cognizance as well as the fact that at least one of the co-accused, against whom chargesheet was submitted, has been extended the privilege of anticipatory bail vide Cr.Misc.No.6994 of 2014, there is no reason to deny the same privilege to the petitioners. Accordingly, let the aforesaid three petitioners, namely, (i) Binay Yadav (ii) Harendra Yadav and (iii) Rameshwar Yadav, in the event of their arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No.205/2014, subject to
Patna High Court Cr.Misc. No.48802 of 2016 (2) dt.06-12-2016 3/3 conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) NKS/- U T