Sadanand Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.63736 of 2017 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63736 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Sadanand Yadav, S/o Late Ganpati Yadav,

2. Satya Narayan Yadav S/o Late Ganesh Yadav, Both R/o VillageBhawanipur, P.S.- Gopalpur (Rangra O.P.), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2018 Heard both sides.

The petitioners apprehend their arrest in Gopalpur (Rangra O.P.) P.S. Case No.213 of 2016 registered under Sections 308, 379 and other Sections of the Indian Penal Code. The informant alleged that Brajesh Yadav, Gabbar Yadav and Sanjay Yadav came to his shop and took 2 kgs ghee but paid only Rs.600/-. The informant demanded Rs.1,000/- on such, the petitioners and other accused persons brutally assaulted the informant.

The learned counsel for the petitioners submits that there is a counter version being Gopalpur (Rangra O.P.) P.S. Case No.212 of 2016. The informant Ajay Kishor Yadav and others

Patna High Court Cr.Misc. No.63736 of 2017 (2) dt.12-01-2018 assaulted the informant Brajesh Yadav on some dispute with regard to payment of price of coal and present case has falsely been lodged. It is further submitted that similarly situated coaccused Sanjay Yadav and Gabbar Yadav have already been granted bail by the order passed in Cr. Misc. No.15479 of 2017 and 13854 of 2017.

Considering the facts aforesaid and the fact that similarly situated accused persons have already been granted bail, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged 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 A.C.J.M.-III, Naugachia, Bhagalpur in connection with Gopalpur(Rangra) P.S. Case No.213 of 2016(G.R. No.1165 of 2016), subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T