Birendra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31170 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -GURARU District- GAYA ======================================================
1. Birendra Yadav S/o Sri Bali Yadav
2. Dhobi @ Srikant Yadav S/o Late Deolal Yadav All R/o Village - Ranapur, P.S. - Guraru, District - Gaya.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : M/s Dhirendra Kumar Sinha & Ram Babu,Advocates For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-08-2016 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 147, 148, 149, 323, 307, 379 and 504 of the Indian Penal Code.
It is contended on behalf of the petitioners that as per the allegation, Rs. 40,000/- was snatched from the younger brother of the informant on 30.12.2015 but none of them informed the police and on the second day, i.e., 31.12.2015, in place of informing the police they went to the house of the petitioners and asked as to why they had snatched Rs. 40,000/- on 30.12.2015 which had led to altercation. It is further contended that, from perusal of the First Information Report, it is apparent that the petitioners have not taken part in the altercation as there is no allegation of assault
Patna High Court Cr.Misc. No.31170 of 2016 (2) dt.09-08-2016 against them rather allegations are against the other family members of the petitioners, such as, Satyendra Yadav, Pintu Yadav, and others. So far the allegation of snatching of Rs. 40,000/- is concerned, it is contended that the same is absurd as no information was given to the police on the same day. Had the allegation of snatching been true then the informant could have informed the police immediately or before the altercation. The petitioners claims that their antecedent is clean. Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Birendra Yadav and Dhobi @ Srikant Yadav, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Guraru Police Station Case No.
113/2015 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Shri Rohit Kumar, J.M., Ist Class, Gaya, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) SC/- U T