Abodh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32205 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.
ABODH YADAV Son of Ram Julum Yadav Resident of Village-Ghorghatta, P.S-Bahadurpur (Fekla O.P.), District-Darbhanga. 2.
Munni Yadav Son of Late Chalitra Yadav Resident of Village-Ghorghatta, P.S-Bahadurpur (Fekla O.P.), District-Darbhanga. 3.
Baidyanath Yadav Son of Munni Yadav Resident of Village-Ghorghatta, P.SBahadurpur (Fekla O.P.), District-Darbhanga. 4.
Amarnath Yadav Son of Munni Yadav Resident of Village-Ghorghatta, P.SBahadurpur (Fekla O.P.), District-Darbhanga. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Das For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-05-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bahadurpur (Fekla O.P.) P.S. Case No. 23 of 2019, disclosing offences under Sections 147, 148, 149, 323, 324, 325, 354, 353, 307, 386 and 504 of the Indian Penal Code.
It is alleged in the FIR that the persons named in the FIR were demanding extortion for construction of a village road and when it was objected to, they assaulted the informant, a ward member and other persons.
Learned counsel for the petitioners has submitted that they have been falsely implicated in this case and, as a matter of fact, they were objecting to construction of the road because it was being done on their private lands. It has been argued that for
Patna High Court CR. MISC. No.32205 of 2019(2) dt.15-05-2019 2/2 the occurrence of the same day a counter case has been registered being Bahadurpur (Fekla O.P.) P.S. Case N. 24 of 2019.
Considering the facts and circumstances of the case and nature of accusation, this application is allowed. Let the petitioners, above named, in the event of their 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 S.D.J.M. Darbhanga in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 23 of 2019, subject to the condition 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) HR/- U T