Dablu Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52680 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Dablu Yadav, S/o Chhotelal Yadav,
2. Chhotelal Yadav, S/o Sukar Yadav, Both resident of Village- Makanpur Pokhar, P.S.- Noorsarai, District- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Noorsarai PS case no. 148 of 2017 registered for the offences punishable under Sections 341, 323, 385, 379, 504/34 of the Indian Penal Code.
The allegation is regarding the petitioners herein demanding extortion money from the informant and on account of nonpayment of the same, the petitioners herein had assaulted the informant.
The learned counsel for the petitioner submits that the petitioners have been falsely implicated in the present case and the injury till date has not been found to be serious in nature, hence the petitioners deserve the privilege of anticipatory bail. It is
Patna High Court Cr.Misc. No.52680 of 2017 (5) dt.07-02-2018 2/2 further submitted that the petitioner no.1 has a clean antecedent. However, as far as the petitioner no.2 is concerned, three cases are pending against him, in which he is on bail.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court concerned within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Nalanda, Biharsharif in connection with Noorsarai PS case no. 148 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. As far as petitioner no.2 is concerned, it is directed that he would mark his presence before the Officer Incharge of the concerned Police Station at 10 A.M. on each and every Monday of the month and on account of his failure on two consecutive occasions to mark his attendance, the present privilege of anticipatory bail shall stand cancelled automatically. (Mohit Kumar Shah, J) BTiwary/- U