Prakash Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42911 of 2018 ======================================================
1. Prakash Yadav S/o Jago Yadav,
2. Kusho Yadav @ Kusho Kumar S/o Yago Yadav,
3. Mahendra Yadav @ Mahendra Pd. Yadav son of Jago Yadav,
4. Shravan Yadav @ Sharavan Kumar S/o Mahendra Yadav,
5. Amarjeet Yadav @ Amarjeet Kumar S/o Mahendra Yadav,
6. Dilkhush Yadav @ Dilkhush Kumar S/o Prakash Yadav, All 1 to 6 are resident of village- Sidhia Mosahe Mahto Tola, P.S.- Naya Ramnagar (Satiya Sarai O.P.), District- Munger.
7. Uday Yadav S/o Uchit Yadav, resident of village- Chanpura, P.S.- Lakhisarai, District- Lakhisarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the State : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Naya Ramnagar P.S. Case No.102 of 2018 registered under Sections 341, 323, 307, 354 and 506 read with 34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that though the occurrence of offence is alleged to have taken place on 15.04.2018, the fardbeyan is said to have been recorded on 17.04.2018 and the FIR has been instituted on 05.05.2018.
Patna High Court Cr.Misc. No.42911 of 2018 (2) dt.19-07-2018 2/2 There is no reasonable explanation as to why nineteen days delay was caused in institution of the FIR. It is further contended that there is case and counter case and the injuries sustained by the members of the prosecution party are all simple in nature. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.
Regard being had to the facts and circumstances of the case, the petitioners, who are men of clean antecedent, in the event of arrest or surrender in the court below within six weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Munger in connection with Naya Ramnagar P.S. Case No.102 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T