Patna High CourtCR. MISC./6635/2017bail granted

Harihar Yadav And ORS v. The State Of Bihar

2017-03-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6635 of 2017 Arising Out of PS.Case No. -80 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================

1. Harihar Yadav, S/o Late Degan Yadav,

2. Sakinder Yadav @ Sikandar Yadav, S/o Harihar Yadav,

3. Munna Yadav, S/o Harihar Yadav,

4. Raj Kumar Yadav, S/o Parmeshwar Yadav,

5. Sonu Yadav, S/o Late Jagdish Yadav, All resident of village - Dewanpur, P.S. Sherghati, District - Gaya .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Sherghati P.S. Case No. 80 of 2015 for the offences instituted under Sections 341, 323 and 308/34 of the Indian Penal Code.

The allegation against the petitioners is of abusing the father of the informant. Thereafter all the accused persons assaulted the father of the informant and when his uncle came to save, he was also assaulted by them.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.6635 of 2017 (3) dt.07-03-2017 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Vide Annexure-3 to the present application, a compromise petition has been filed in the court below. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sherghati P.S. Case No. 80 of 2015 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T