Sidheshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35411 of 2020 Arising Out of PS. Case No.-121 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Sidheshwar Yadav, aged about 73 years, male, son of Late Baleshwar Yadav. 2.
Sujeet Kumar Army @ Gopu Yadav @ Gopa Yadav, aged about 34 years, male, son of Kishori Yadav.
3.
Chunnu Yadav, aged about 30 years, male, son of Kishori Yadav. All are resident of Village- Mayapur, Police Station- Mufassil, DistrictGaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-03-2021 Heard Mr. Shailesh Kumar, learned Advocate for the petitioners and Mr. Murli Dhar, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Mufassil P.S. Case No. 121 of 2020, dated 01.04.2020, instituted for the offences under
Patna High Court CR. MISC. No.35411 of 2020(2) dt.25-03-2021 2/3 Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
It has been alleged in the F.I.R. that the petitioners had assaulted the husband of the informant and also took away the money which he had earned after selling milk in the market.
The learned counsel for the petitioner has submitted that there is no injury report on record, which fact becomes evident from the impugned order. He has further submitted that there are two cases which have been filed against the husband of the present informant and others; one by the father of petitioner Nos. 2 and 3 and the other by the wife of petitioner No. 1. The falsity of the accusation further appears from the fact that in this case, the occurrence is said to have taken place on 10.03.2020, but the report regarding the same has been made after 21 days on 01.04.2020.
Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or
Patna High Court CR. MISC. No.35411 of 2020(2) dt.25-03-2021 3/3 surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No. 121 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
While saying so, this Court has taken note of the fact that the petitioners do not have criminal antecedents. (Ashutosh Kumar, J) Praveen-II/- U T