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Patna High CourtCR. MISC./45194/2016bail granted

Sunil Yadav And ANR v. The State Of Bihar

2016-12-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45194 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -MANSI District- KHAGARIA ======================================================

1. Sunil Yadav.

2. Gulo Yadav both son of Amol Yadav Both resident of Village- Khutiya, P.S.- Mansi, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.

Petitioners apprehend their arrest in connection with Mansi P.S. Case No. 122 of 2016 registered under Sections-384, 386, 394/34 & other minor sections of the Indian Penal Code. The present case was lodged on the basis of complaint petition bearing Complaint Case No. 87 of 2015 which was filed on 25-01-2016 in respect of the occurrence, which is said to have taken place on 18-01-2016.

The accusation against petitioners is that they put pistol on the informant and snatched cash from him and also demanded rangdari tax from him.

Submission on behalf of petitioners is that the

Patna High Court Cr.Misc. No.45194 of 2016 (2) dt.23-12-2016 2/2 present case has been brought by the informant at the behest of Rabeen Yadav and Pintoo Yadav, who have been shown as witnesses in the present case and as a matter of fact, much prior to filing of the complaint case, the father of the petitioners had lodged Mansi P.S. Case No. 94 of 2015 against the aforesaid Rabeen Yadav and Pintoo Yadav as well as others and that is the reason of lodging of the present case against the petitioners. It is further submitted that moreover, petitioners do not have any criminal antecedent.

Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Mansi P.S. Case No. 122 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Khagaria subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T