Prem Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21426 of 2016 Arising Out of PS.Case No. -130 Year- 2014 Thana -HARSIDHI District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Prem Yadav Son of Shri Moti Yadav,
2. Prabhawati Devi wife of Shri Kapildeo Yadav Both are Resident of village- Bherihari, P.S.- Harsidhi, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners apprehend their arrest in a case instituted under Sections 147, 341, 342, 323, 324, 379, 302 of Indian Penal Code.
The informant states that while he was going to market on 18.05.2014 at about 04:00 P.M., the accused persons surrounded him. It is alleged that accused Kapildeo Yadav and Pappu Yadav put him down on soling,whereas Pappu Kumar and Moti Yadav assaulted him and took a sum of Rs.10,000/- from his pocket.
Learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.21426 of 2016 (2) dt.19-05-2016 2/2 allegation against the petitioner at the most is of having surrounded the informant, which is vague. There is no allegation that he even tried to assault the informant.
Having regard to the facts of the case, in case of arrest/surrender, let the petitioners named above, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidih P.S. Case No. 130 of 2014, with the condition that petitioners would not physically absent for two consecutive dates at a stretch, till two witnesses are examined in the case, failing which their bail bonds would stand cancelled.
(Samarendra Pratap Singh, J) kunal/- U T