Patna High CourtCR. MISC./51395/2016bail granted

Prakash Yadav And ANR v. The State Of Bihar

2016-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51395 of 2016 Arising Out of PS.Case No. -248 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Prakash Yadav son of Rajo Yadav,

2. Krishna Yadav, son of Rajo Yadav, Both Resident of Village- Durgapur, P.S. Muffassil, District- Khagaria.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offence under Sections 147, 379, 307 and 504 of the Indian Penal Code as well as under Section 27 of the Arms Act.

It has been submitted by learned counsel for the petitioners that the only allegation against the petitioners is that the petitioners along with others went to the Darwaza of the informant and snatched the calf and on the next day it is alleged that accused Pandey Yadav, Hareram Yadav and Raju Yadav went to the Darwaza of the informant and assaulted him and others. It is further submitted on behalf of the petitioners that there is no allegation of assault against the petitioners and have

Patna High Court Cr.Misc. No.51395 of 2016 (2) dt.14-12-2016 falsely been implicated in this case.

Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Mufassil) P.S. Case No. 248 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioners will cooperate with the investigation of the case.

(Vinod Kumar Sinha, J) A.I./- U