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Patna High CourtCR. MISC./9596/2016bail granted

Murari Yadav And ORS v. The State Of Bihar

2016-04-11Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9596 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -JANKINAGAR District- PURNIA ======================================================

1. Murari Yadav Son of Kirtiyanand Yadav,

2. Amresh Yadav, Son of Ant Yadav,

3. Sanjay Yadav, Son of Sachidanand Yadav, All are resident of village - Jankinagar, Kamat Tola, Police Station - Jankinagar in the district of Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Satyaverat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jankinagar P.S. Case No. 137 of 2015 registered under Sections 147, 148, 149, 341, 323, 379 and 504 of the Indian Penal Code.

The accusation is that on 16.11.2015 at about 10:00 pm. when Ajay Kumar, son of the informant along with Amawas reached near the door, 9 persons named in the F.I.R., including petitioners put piece of wood on road. When the son of informant asked to remove the piece of wood then petitioner Murari Yadav, Lalu Yadav and Subodh Yadav on the

Patna High Court Cr.Misc. No.9596 of 2016 (2) dt.11-04-2016 2/3 point of pistol started to abuse and assault him by means of lathi. Petitioner Amresh Yadav snatched Rs. 85,000/- from his possession and petitioner Murari Yadav snatched gold chain.

Learned counsel appearing on behalf of the petitioners submits that in fact, informant and petitioners are next door neighbour and the petitioners have falsely been implicated in this case with false allegation of snatching Rs. 85,000/-. In fact, co-accused Pramanand Yadav had earlier lodged Jankinagar P.S. Case No. 136 of 2015 against the son of the informant and others on 17.11.2015, in which son of the informant was arrested with arm due to that reason, the present case has been lodged only to give undue pressure. Moreover, similarly situated coaccused Parmanand Yadav and 5 others have already been allowed bail by a Bench of this Court vide Cr. Misc. No. 7190 of 2016 on 17.02.2016.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or

Patna High Court Cr.Misc. No.9596 of 2016 (2) dt.11-04-2016 3/3 surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Purnea in connection with Jankinagar P.S. Case No. 137 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T