Kuliya Devi @ Puliya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50193 of 2018 Arising Out of PS.Case No. -395 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Kuliya Devi @ Puliya Devi, W/o Ramanand Yadav,

2. Kundan Kumar S/o Chandar Yadav,

3. Shree Chandar Yadav,

4. Ramanand Yadav Both Petitioner No. 3 & 4 are S/o Late Ganga Yadav,

5. Krishna Kumar @ Krishna Yadav S/o Ramanand Yadav, All are R/o Tituaha, Ward No. 13, P.S.- Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 324, 326, 307, 436/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation of commission of firearm injury is against co-accused Abhimanyu Kumar. The occurrence took place for the reason that in the past, the named accused had committed murder of father of the informant and they wanted to finish the entire family. Petitioner no. 2 Kundan Kumar, petitioner no. 3 Shree Chandar Yadav and petitioner no. 4 Ramanand Yadav are accused in the murder case of the father of the informant.

Patna High Court Cr.Misc. No.50193 of 2018 (2) dt.04-10-2018 2/2 Considering the nature of allegation and criminal antecedent against petitioner Kundan Kumar, Shree Chandar Yadav and Ramanand Yadav, I am not inclined to enlarge them on anticipatory bail. Hence, their prayer for anticipatory bail is refused.

Let petitioner no. 1 Kuliya Devi @ Puliya Devi and petitioner no. 5 Krishna Kumar @ Krishna Yadav who are members of the unlawful assembly having no criminal antecedent, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Triveniganj Police Station Case No. 395 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) kundan/Rajan U T