Ram Uchit Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15720 of 2015 Arising Out of PS.Case No. -312 Year- 2014 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Ram Uchit Yadav Son of Sukhu Yadav
2. Kailu Yadav Son of Firangi Yadav
3. Ram Prabesh son of Sidheshwar Yadav
4. Sunder Yadav S/o Sidheshwar Yadav All resident of Village- Makanpur, P.S. Noorsarai District- Nalanda. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.19847 of 2015 Arising Out of PS.Case No. -312 Year- 2014 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Ashlok Yadav S/o Ram Pravesh Yadav
2. Vijay Yadav S/o Late Sideshwar Yadav Both are resident of village Makanpur Pokhar Par, (Chakdautpur), Police Station Noorsarai, District Nalanda.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.15720 of 2015) For the Petitioners : Mr. Raj Kishor Prasad, Mr. Pramod Kumar Sinha, Advocates For the Opposite Party : Mr. Arun Kumar Pandey, APP (In Cr.Misc. No.19847 of 2015) For the Petitioners : Mr. Raj Kishor Prasad, Advocate For the Opposite Party : Mr. Manish Kumar 2 , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2015 The petitioners of these applications are languishing in custody since 31.01.2015, 30.12.2014 and 09.02.2015, respectively, in connection with Noorsarai P.S. Case No. 312 of 2014 for the offences instituted under Sections 147, 148, 149, 341,
Patna High Court Cr.Misc. No.15720 of 2015 (2) dt.08-06-2015 2/3 323, 302, 427, 448 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the informant. The prosecution story, in brief, is that as per the fardbeyan of Renu Devi, on 22.11.2014 at 9.30 A.M. the informant along with her husband was working in her Khalihan and in the meantime, the petitioners along with other named accused persons having lathi, Danda, pistol, gun in their hands and using filthy language, reached and started committing theft in the house of Anuj Yadav, nephew of the informant. The informant and her husband made protest upon which the accused persons including the petitioners caught her husband and at the instance of accused Sabuja Devi, Jagdeo Yadav resorted to firing by means of country made Katta which hit the neck of her husband who sustained fire-arm injury.
It is further alleged that other accused persons were also beating the husband of the informant. It has been submitted on behalf of the petitioners that omnibus allegation has been made against all the accused persons and no specific injury has been attributed against the petitioners. It has further been submitted that the petitioners have no criminal antecedents and they are in custody since 31.01.2015, 30.12.
Patna High Court Cr.Misc. No.15720 of 2015 (2) dt.08-06-2015 3/3 and 09.02.2015, respectively. It has been pointed out that other accused persons have been granted bail vide Cr. Misc. No.9576 of 2015 and Cr. Misc. No. 5018 of 2015 by different Benches of this Court.
It has been submitted on behalf of the State that the petitioners are named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No.312 of 2014. (Sudhir Singh, J) B.T/- U T