Ashok Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77782 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- KUMAR KHAND District- Madhepura ======================================================

1. Ashok Yadav s/o Late Gajendra Yadav

2. Manoj Yadav s/o late Gajendra Yadav Both Resident of village- Laxminiya Persahi Tola, P.s. Kumarkhand, (Bhatni op) Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 This application, for grant of anticipatory bail, arises out of Kumarkhand (Bhatni OP) P.S. Case No. 154/18, disclosing offences under Sections 341, 323, 379, 504, 506, 120B and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act and Section 25(1-B)a/26/35 of the Arms Act.

Allegation against the petitioners is that they chased the informant and assaulted him and, thereafter, they took him near the canal and sprinkled the wine on his body and also kept a bottle of wine and non functional country made pistol and informed the police.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case out of the

Patna High Court Cr.Misc. No.77782 of 2018(2) dt.02-01-2019 2/2 election dispute as bhabhi of the petitioners has contested the election of Pramukh against the wife of the informant. Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Six Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise Act, Madhepura, in connection with Kumarkhand (Bhatni OP) P.S. Case No. 154/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is further subject to the condition that they will cooperate in investigation of the case and will appear as and when required by the police, except on showing genuine reasons.

(Vinod Kumar Sinha, J) sunilkumar/- U T