Patna High CourtCR. MISC./64986/2018partly allowed disposal

Kuldeep Yadav And ORS v. The State Of Bihar

2018-12-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64986 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- AKBARPUR District- Nawada ======================================================

1. Kuldeep Yadav S/o Late Jagdish Yadav

2. Alakhdeo Yadav @ Alakh Yadav S/o Late Jagdish Yadav

3. Balbir Yadav son of Late Jagdish Yadav

4. Awdhesh Yadav son of Bineshar Yadav All resident of village - Laohsinghwa,P.S. Akbarpur, District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Akbarpur P.S.Case No.53 of 2018 registered under Sections 147, 341, 323, 307 and 504 of the Indian Penal Code. Regard being had to the fact that petitioner nos.1, 2 and 3, Kuldeep Yadav, Alakhdeo Yadav @ Alakh Yadav and Balbir Yadav had committed no overt act, in the event of arrest or surrender before the court below within six weeks from today, they are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1,

Patna High Court Cr.Misc. No.64986 of 2018(2) dt.14-12-2018 2/2 Nawada in connection with Akbarpur P.S.Case No.53 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

As far as petitioner no.4, namely, Awdhesh Yadav is concerned, who is said to have assaulted the members of the prosecution party with Lathi, I am not inclined to grant him prearrest bail. His application for grant of pre-arrest bail is rejected. In case he surrenders and seeks bail the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md. S/- U T