Patna High CourtCR. MISC./31137/2014bail granted

Ram Jatan Yadav And ANR v. The State Of Bihar

2015-01-28Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.31137 of 2014 (2) dt.28-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31137 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Ram Jatan Yadav Son of Gholti Yadav

2. Lucho Yadav Son of Buttan Yadav Both residents of Village- Gopalpur, Police Station - Industrial Area, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Industrial P.S. Case No. 24 of 2014 registered for the offences punishable under Sections 148, 448, 307 of the Indian Penal Code and Sections 3 and 4 of Explosive Substance Act. Allegedly, the petitioners and other FIR named accused persons being armed and taking bomb came and coaccused Sunil Yadav threw bomb causing injury to the informant and it is alleged that the petitioner no. 1 was having bag containing bomb.

Submission is that similarly situated co-accused

Patna High Court Cr.Misc. No.31137 of 2014 (2) dt.28-01-2015 Sanjay Yadav has been allowed pre-arrest bail by another Bench of this Court vide order dated 22.9.2014 passed in Cr. Misc. No. 26188 of 2014 and against these petitioners there is no overt act and they have got no criminal antecedent to which the learned APP is not in a position to distinguish the case of the petitioners form that of co-accused.

In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial P.S. Case No. 24 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T