Arun Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24904 of 2016 Arising Out of PS.Case No. -31 Year- 2015 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================
1. Arun Yadav, Son of Kailash Yadav
2. Ranjan Yadav Son of Kailash Yadav
3. Kailash Yadav Son of Chandrika Yadav
4. Swaminath Yadav Son of Chandrika Yadav All are resident of villageSaraiya, P.S.- G.B. Nagar, (Gautam Budh Nagar), District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2016 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of G.B. Nagar (Gautam Boodh Nagar) P.S. Case No. 31/2015, disclosing offences under Sections 147,148,149,323,324 and 307 of the Indian Penal Code.
From the First Information Report, it is evident that the occurrence had taken place over some land dispute. It has been submitted by learned counsel appearing on behalf of the petitioners that similarly circumstanced co- accused persons have been granted anticipatory bail by this Court vide order dated 17.05.2016 passed in Cr. Misc. No. 16365 of 2016.
Learned counsel for the informant, on the other hand, has vehemently opposed the prayer for anticipatory bail. He has submitted that the case of the present petitioners does not stand on similar footing as that of petitioners of Cr. Misc. No. 16365 of 2016 who have been granted anticipatory bail by this Court vide order dated 17.05.2016. He has further submitted that one of the injured has received serious injury, therefore, the petitioners do not deserve the privilege of anticipatory bail. However, considering the genesis of the occurrence and the fact that the petitioners have no criminal antecedents, this application is allowed.
Let the petitioners above named in the event of their arrest/surrender within four weeks from today in the Court below 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 learned Chief Judicial Magistrate, Siwan in G,B. Nagar (Gautam Boodh Nagar) P.S. Case No. 31 of 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) ArunKumar/- U