Patna High CourtCR. MISC./4982/2016partly allowed disposal

Balkishor Yadav And ORS v. The State Of Bihar

2016-03-18Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4982 of 2016 Arising Out of PS.Case No. -90 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Balkishor Yadav Son of Chandra Yadav,

2. Arun yadav, Son of Chandra Yadav,

3. Surendra Yadav, Son of Chandra Yadav, All resident of village - Teldih, P.S. - Ariari, District - Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-03-2016 This application in so far as it concerns the petitioner No.3, Surendra Yadav, is disposed of since he has been arrested in the meanwhile.

Heard learned counsel for the parties.

The petitioner Nos. 1 and 2 apprehend their arrest in connection with Ariari P.S. Case No.90 of 2015 for the offences punishable under Sections 341,323, 325 and 307/34 of Indian Penal Code.

Learned counsel for the petitioners with reference to the F.I.R. submits that the allegation is substantially directed against accused Surendra Yadav who has since been arrested and though casual reference of assault has been made against the petitioner No.1 Balkishore Yadav but the injury report placed at Annexure -2

Patna High Court Cr.Misc. No.4982 of 2016 (2) dt.18-03-2016 2/2 merely mentions a swelling on the back. He submits that the petitioners have no criminal antecedent.

Having heard learned counsel for the parties and considering the circumstances existing and the submission of learned counsel, let the petitioner Nos. 1 and 2 namely, Balkishore Yadav and Arun Yadav respectively, in the event of their arrest/surrender within four weeks from today, be released on bail upon furnishing individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sheikhpura in connection with Ariari P.S. Case No. 90 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

This application is partly allowed.

(Jyoti Saran, J) Bibhash/- U