Patna High CourtCR. MISC./6029/2016bail granted

Kamlesh Yadav And ORS. v. The State Of Bihar

2016-02-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6029 of 2016 Arising Out of PS.Case No. -229 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kamlesh Yadav, Son of Late Bansi Yadav.

2. Umesh Yadav

3. Lal Babu Yadav both sons of Mukhlal Yadav

4. Madho Yadav, Son of Late Sheodhar Yadav

5. Ram Balak Yadav, Son of Ramagya Yadav

6. Sunil Yadav, Son of Ram Balak Yadav. All are resident of VillagePakarihar, P.S. Chanpatia, District- West Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Chanpatia P.S. Case No. 229/2015, disclosing offences under sections 147, 148, 149, 323, 394, 341, 307, 354(A), 427, 448 and 380 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is specific allegation of assault against one Harihar Yadav and so far as these petitioners are concerned, the allegation is general and omnibus in nature. It is submitted that in similar circumstance coaccused persons, namely, Saroj Prasad and Bittu Kumar, have

Patna High Court Cr.Misc. No.6029 of 2016 (2) dt.24-02-2016 been granted anticipatory bail by this Court vide order dated 8.1.2016 passed in Cr.Misc.No. 439/2016.

Considering the fact that similarly situated co-accused persons have been granted anticipatory bail by this Court, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah in connection with Chanpatia P.S.Case No. 229/2015, 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 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U