Bimal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46004 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== 1.
Bimal Yadav Son of Mahendra Yadav Resident of Village - Sukhasan Ward no.12/13, P.S.- Gwalpara (Arar), Distt.- Madhepura. 2.
Sunil Yadav Son of Rajendra Yadav Resident of Village - Sukhasan Ward no.12/13, P.S.- Gwalpara (Arar), Distt.- Madhepura. 3.
Chandan Yadav Son of Anil Yadav Resident of Village - Sukhasan Ward no.12/13, P.S.- Gwalpara (Arar), Distt.- Madhepura. 4.
Anoj Yadav Son of Late Sitaram Yadav Resident of Village - Sukhasan Ward no.12/13, P.S.- Gwalpara (Arar), Distt.- Madhepura. 5.
Kari Yadav Son of Bimal Yadav Resident of Village - Sukhasan Ward no.12/13, P.S.- Gwalpara (Arar), Distt.- Madhepura. 6.
Jaynath Yadav Son of Rajendra Yadav Resident of Village - Sukhasan Ward no.12/13, P.S.- Gwalpara (Arar), Distt.- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-10-2021 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
Patna High Court CR. MISC. No.46004 of 2021(2) dt.22-10-2021 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 353, 385, 387, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the F.I.R that when the informant was doing the rural road soling work with the help of labourers, the petitioners along with other coaccused persons came and demanded ransom of rupees fifty thousands and when the informant denied to pay any ransom amount, it is alleged that thereafter the accused persons including the petitioners came at the door of the informant and started firing from their pistol. The informant, somehow managed to escape. The accused persons also threatened of dire consequences if ransom amount is not paid.
It is submitted by learned counsel for the petitioners that for the alleged occurrence of 28.12.2020, the F.I.R was lodged on 31.12.2020 and the case was forwarded to the Court of learned A.C.J.M
Patna High Court CR. MISC. No.46004 of 2021(2) dt.22-10-2021 3/3 on 05.01.2021. There is counter version of the occurrence also. It is further submitted that petitioners are alleged to have made indiscriminate firing but neither anyone received any firearm injury nor any empty cartridge has been found at the place of occurrence. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, II, Uda-Kishunganj in connection with Gwalpara (Arar) P.S. Case No. 171 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T