Patna High CourtCR. MISC./12502/2015bail granted

Sukhdeo Yadav And ANR v. The State Of Bihar

2015-04-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.12502 of 2015 (2) dt.02-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12502 of 2015 Arising Out of PS.Case No. -154 Year- 2014 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Sukhdeo Yadav S/o Late Bhuali Yadav Resident of Village Kadawan, P.S. Nokha, District Rohtas at Sasaram.

2. Umesh Yadav S/o Rangnath Yadav Resident of Village Lewada, P.S. Nokha, District Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jaya Prakash Singh For the Opposite Party/s Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 02.04.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Nokha P. S. case no. 154/2014 registered under sections 341, 323, 379, 324, 307/34 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration that no specific overt-act has been attributed against petitioner no.1, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner no.1, namely, Sukhdeo Yadav be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Rohtas at Sasaram in Nokha P. S. case no. 154/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.12502 of 2015 (2) dt.02-04-2015 So far as petitioner no.2, Umesh Yadav, is concerned, taking note of the allegation levelled against him, I am not inclined to release the petitioner on anticipatory bail and accordingly, his prayer for anticipatory bail in connection with Nokha P. S. case no. 154/2014 stands rejected.

However, if petitioner no.2 surrenders within four weeks from today and seeks regular bail, his regular bail application shall be considered on its own merit without being prejudiced by this rejection order.

shahid (Hemant Kumar Srivastava,J) U T