Yogendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62190 of 2018 Arising Out of PS.Case No. -251 Year- 2018 Thana -ALOULI District- KHAGARIA ======================================================

1. Yogendra Yadav.

2. Rajendra Yadav. Both Sons of late Singheshwar Yadav.

3. Vikash Yadav, Son of Yogendra Yadav.

4. Amar Yadav @ Amar Kumar, Son of Rajendra Kumar. All Residents of Village & P.S. Allouli, District- Khagaria.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Mrityunjay Kumar, Advocate. For the Opposite Party : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 307/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 31.07.2018 at about 2.30 P.M., the petitioners alongwith unknown culprits armed with weapons came to him while he was cutting grass in his field and petitioner no. 1 Yogendra Yadav ordered petitioner no. 3 Vikash Yadav to kill. It is further alleged that firing was made on him but he entered in millet crop and saved himself. It is further

Patna High Court Cr.Misc. No.62190 of 2018 (2) dt.11-10-2018 2/2 alleged that the accused persons threatened to kill him. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. None is said to have been injured in course of occurrence. The present case has been instituted due to previous enmity.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Khagaria, in connection with Allouli P.S. Case No. 251/2018, G.R. No. 2138 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T