Sishir Kumar @ Pintu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70210 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- CHHATAPUR District- Supaul ======================================================
1. Sishir Kumar @ Pintu Yadav, Son of Ramdeo Yadav,
2. Ramdeo Yadav, Son of Panchu Yadav,
3. Manohar Yadav, Son of Late Rambahadur Yadav,
4. Mithilesh Yadav, Son of Late Rambahadur Yadav, All are resident of Village- Sohat, Girdharpatti, Ward No.7, Police Station- Chhatapur, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Kumar Mehta For the State :
Mr. R.B. Roy 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Chhatapur P.S Case No. 152 of 2018, disclosing offences under Sections 341, 323, 307, 353, 504 and 506/34 of the Indian Penal Code.
The informant is a Sub-Inspector of Police, who has alleged that he, along with a police party, had gone to execute a warrant of arrest agaisnt the persons named in a criminal case. In the process of execution of warrant of arrest, they raided the
Patna High Court Cr.Misc. No.70210 of 2018(2) dt.17-12-2018 2/3 house of the accused persons, whereafter the persons, who have been named in the present FIR, including these petitioners, attacked the policy party with Lathi-Danda and assaulted them. Learned counsel, appearing on behalf of the petitioners, has submitted that the occurrence is said to have taken place on 17.05.2018, whereas for the said occurrence the FIR came to be filed on 19.05.2017 which generates suspicion. He contends that the persons, who are accused in other criminal cases for whose arrest the police party conducted raid, have been granted anticipatory bail by order dated 19.05.2018, passed by the court below.
Considering the fact that there is no specific allegation against these petitioners of any overt act, this application is allowed. Let the petitioners above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Additional Chief Judicial Magistrate-IVth, Supaul in Chhatapur P.S. Case No. 152 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners
Patna High Court Cr.Misc. No.70210 of 2018(2) dt.17-12-2018 3/3 shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T