Sharvesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19220 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Sharvesh Yadav, Son of Sri Gajo Yadav
2. Sikan Yadav Son, of Sri Darogi Yadav
3. Gaurabh Yadav, Son of Sri Indradeo Yadav
4. Sona Yadav, Son of Bipin Yadav All are residents of Village - Tikarampur, P.S. - Muffasil, District - Munger. .... .... Petitioners.
Versus
The State of Bihar. .... .... Opposite Party. ====================================================== Appearance :
For the Petitioners : Mr. Suman Kumar Mishra, Adv. For the Opposite Party : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-06-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners states that during pendency of this application petitioner no.2-Sikan Yadav has been arrested, as such this application has become infructuous in respect of petitioner no.2.
Petitioners apprehend their arrest in Munger Muffasil P.S. Case No.106/2016 for the alleged offences registered under Sections-147, 148, 149, 452, 323, 325, 324, 326, 307, 354, 114, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, the petitioners are said to be members of unlawful assembly and in pursuance of the said assembly Pravin Yadav resorted firing on the daughter of the
Patna High Court Cr.Misc. No.19220 of 2017 (02) dt.12-06-2017 - 2 - informant, while Baleshwar Yadav resorted firing on the son of the informant. The accused persons are also said to have snatched the ornaments of the family members of the informant. It is submitted by learned counsel for the petitioners that they are not named in the F.I.R and there is no direct allegation against them. One of the assailants, namely, Pravin Yadav has already been granted bail by the learned Court below. It is also submitted that Baleshwar Yadav has not been sent up for trial by the police.
Considering the facts aforesaid and the nature of allegation as made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Munger in Munger Muffasil P.S. Case No.106/2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J.) Trivedi/- U T