Ramdeo Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39472 of 2018 (2) dt.09-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39472 of 2018 Arising Out of PS.Case No. -100 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Ramdeo Yadav, Son of Late Laturan Yadav,

2. Santu Yadav @ Sintu Yadav, S/o Ramdeo Yadav, Both are resident of Village- Golahu, P.S.- Nathnagar (Madhusudanpur), District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2018 Heard both sides.

The petitioners apprehend their arrest in Nathnagar(Madhusudanpur O.P.) P.S. Case No.100 of 2018 registered under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. Sita Ram Yadav, the informant alleged that while he was returning from Civil Court, Bhagalpur along with his brother, Ramu Yadav, many persons namely, Rajesh Yadav, Subhas Yadav, Ramdeo Yadav, Santu Yadav, Subhas Yadav son of Naresh Yadav and Lambodar Yadav surrounded him and on the order of Subhas Yadav, Rajesh Yadav fired which hit on his stomach.

The learned counsel for the petitioners submits that no

Patna High Court Cr.Misc. No.39472 of 2018 (2) dt.09-07-2018 allegation of assault is made against the petitioners. In fact, true facts are that Rajesh Yadav who is alleged to have fired on the informant is the informant of Nath Nagar P.S. Case No.188 of 2002 which was registered for the murder of his father. Sita Ram Yadav, the informant of the present case is main accused along with Ajay Yadav, Ramu Yadav, Madhu Yadav and others. The informant lodged the case only to put pressure on Rajesh Yadav who lodged the case for murder of his father. Having considered the facts aforesaid and the fact that of course the petitioners are named in the F.I.R.

but no allegation of assault is made against the petitioners, 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., Bhagalpur in connection with Nathnagar(Madhusudanpur) P.S. Case No.100 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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