Krishna Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28809 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================
1. Krishna Yadav
2. Mukesh Yadav Both sons of Brahmdeo Yadav, residents of village and Police Station - Shekhopur Sarai, District - Sheikhpura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Shekhopur Sarai P.S. Case No.41 of 2016 registered under Sections 341, 448, 384, 385, 427, 504 and 506/34 of the Indian Penal Code.
It is contended that apart from section 384 of the Indian Penal Code all other Sections are bailable in nature. There is land dispute between the parties and earlier also the informant had instituted Barbigha P.S. Case No.253 of 2002 registered under Sections 447, 448, 323 and 504/34 of the Indian Penal Code against the petitioners and their family members and on
Patna High Court Cr.Misc. No.28809 of 2016 (2) dt.25-07-2016 2/2 completion of trial they were acquitted by the Judicial Magistrate, 1st Class, Sheikhpura.
Learned counsel for the State and learned counsel for the informant have opposed the prayer for grant of pre-arrest bail to the petitioners.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners, namely, Krishna Yadav and Mukesh Yadav are directed to 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 learned Additional Chief Judicial Magistrate, Sheikhpura in connection with Shekhopur Sarai P.S.Case No.41 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T