Atish Kumar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43279 of 2014 Arising Out of PS.Case No. -73 Year- 2014 Thana -NAUBATPUR District- PATNA ======================================================
1. Chandeshwar Yadav Son of Late Kuldip Yadav
2. Mithilesh Yadav Son of Bindeshwar Yadav
3. Awadhesh Yadav Son of Bindeshwar Yadav
4. Ranjay Kumar son of Ramanuj Kumar
5. Dindayal Yadav Son of Late Chandeep Yadav
6. Ashok Kumar Son of Dindayal Yadav
7. Bunty Kumar Son of Mithilesh Yadav All Residents of Village-Dinachak, P.S.-Naubatpur, District-Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.48512 of 2014 Arising Out of PS.Case No. -73 Year- 2014 Thana -NAUBATPUR District- PATNA ======================================================
1. Atish Kumar son of Laldeo Yadav
2. Krishna Yadav @ Krishna Kumar S/O Kameshwar Yadav
3. Lal Das Yadav @ Lal Das Prasad S/O Late Dukhit Yadav
4. Kaushal Yadav S/O Late Sri Bhagwan Yadav
5. Nirmal Yadav S/O Chandeshwar Yadav
6. Laldeo Yadav S/o Late Dukhit Yadav
7. Pintu Yadav @ Pintu Kumar S/O Lal Mohan Yadav
8. Sintu Kumar S/o Lal Mohan Yadav
9. Ramadhar Yadav @ Ramadhar Prasad S/o Bindeshwar Yadav All resident of Village- Dinachak, P.S. Naubatpur, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.43279 of 2014) For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Uday Pratap Singh (App) (In Cr.Misc. No.48512 of 2014) For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
Patna High Court Cr.Misc. No.43279 of 2014 (2) dt.20-03-2015 2/3 20-03-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.
Both the above mentioned criminal miscellaneous applications arise out of the same police station case and as such both have been heard together and are being disposed of by passing this common order.
In this application for anticipatory bail the petitioners in both the applications apprehend their arrest for the offences punishable under sections 147, 148, 341, 323, 307 and 504 of the I.P.C and section 27 of the Arms Act.
Allegedly, for earlier minor dispute 22 persons variously armed came to the house of the informant, resorted to firing and petitioners are also named in the F.I.R. Learned counsel for the petitioners submits that there is case and counter case, no injury is alleged to have been caused to any one. For the minor dispute after making false allegation F.I.R. has been lodged. Some of the co-accused have been allowed pre-arrest bail by the court below itself vide A.B.P. No. 19057 of 2014 and as such the petitioners deserves sympathetic consideration as no one has been injured, to which the learned A.P.P. does not oppose.
In the facts and circumstances as stated above, the
Patna High Court Cr.Misc. No.43279 of 2014 (2) dt.20-03-2015 3/3 petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. A.C.J.M. Danapur at Patna in Naubatpur P.S. Case No. 73 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T