Vikash Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33779 of 2014 Arising Out of PS.Case No. -51 Year- 2013 Thana -KAUAKOL District- NAWADA ======================================================

1. Vikash Yadav.

2. Chambo Devi.

.... .... Petitioners.

Versus

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

For the Petitioners : Mr. Sheo Kumar Prasad, Advocate. For the Opposite Party : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307 and 325 of the Indian Penal Code.

It is alleged that 10 F.I.R. named accused persons and 3-4 unknown assaulted the informant's family members. Ashok Yadav Subsequently succumbed to injuries. Subhash Yadav and Barmi Devi received injury.

It is submitted by learned counsel for the petitioners that admittedly the petitioners were not present at the place of occurrence. Petitioners came to know about the occurrence from his father and her husband respectively. However, statement of father

Patna High Court Cr.Misc. No.33779 of 2014 (2) dt.18-02-2015 2 / 2 of the informant was also recorded during investigation in which he also claimed to be not an eye witness. The injured have not suggested any specific injury of assault by any of the F.I.R. named accused persons including the petitioners. Other accused persons have been granted anticipatory bail by this Court vide Cr. Misc. No. 45731 of 2013. A statement has been made in paragraph no. 2 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Kawakole P.S. Case No. 51 of 2013, 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 C.J.M. Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J) U T