Nardev Yadav @ Indradev Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.45004 of 2017 (2) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45004 of 2017 Arising Out of PS.Case No. -240 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Nardev Yadav @ Indradev Yadav, S/o Late Mangal Yadav.

2. Sujeet Kanu, Son of Late Prasadi Kanu. Both are R/o Village- Giriyak, P.S. Giriyak, District- Nalanda.

3. Rambrikh Yadav, Son of Ram Prasad Yadav, R/o Village- Bahawalpur, P.S.- Giriyak, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Adv. For the Opposite Party/s : Mr. Ranvijay Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Giriyak P.S.Case No.240 of 2017 dated 2.8.2017, for the offences under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners and several other accused persons is of assault to the informant. It further appears that they are accused in several other cases also.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and so far petitioner no.3 is concerned, he is not accused in any other case and they are in custody since 3.8.2017. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground of

Patna High Court Cr.Misc. No.45004 of 2017 (2) dt.22-09-2017 suppression of fact as the impugned order shows that petitioner no.1 and 2 are accused in 16 other cases but in the petition it has been mentioned that petitioner no.1 is accused in only seven cases and petitioner no.2 in only three cases.

Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner no.3 (Rambrikh Yadav) is concerned, let petitioner no.3 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. VIth, Nalanda at Biharsharif in connection with Giriyak P.S.Case No.240 of 2017 dated 2.8.2017.

So far petitioner nos.1 (Nardev Yadav @ Indradev Yadav) and petitioner no.2 (Sujeet Kanu) are concerned, I am not inclined to grant bail to the petitioner nos. 1 and 2, however, they may renew their prayer for bail after framing of charge in this case and on that time, the learned trial court will consider all aspects of the matter and will pass appropriate order.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T