Patna High CourtCR. MISC./42166/2016bail granted

Mahesh Yadav @ ORS v. The State Of Bihar

2016-10-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42166 of 2016 Arising Out of PS.Case No. -511 Year- 2015 Thana -DHANARUA District- PATNA ======================================================

1. MAHESH YADAV Son of Yugeshwar Yadav alias Yugeshwar Prasad

2. Jagat Yadav, son of Yugeshwar Yadav alias Yugeshwar Prasad

3. Yugeshwar Yadav alias Yugeshwar Prasad, son of late Sarug Pd., All resident of village Pathrahat, Police Station Dhanaruya, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Dhanarua P. S. Case No. 511 of 2015, disclosing offences under Sections 341,342,323,307,504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that allegation of opening fire is against co-accused Kamlesh Yadav. Referring to the First Information Report, he submits that no offence under Section 307 of the Indian Penal Code is made out against these petitioners inasmuch as the allegation is of minor scuffle and hurling of abuses against these petitioners. Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within four weeks from today in the Court below shall be released

on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri N. K. Tyagi, learned Judicial Magistrate, Ist Class, Masaurhi in connection with Chanarua P.S. Case No. 511 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U