Ram Jee Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.11026 of 2016 (2) dt.25-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11026 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -MANIHARI District- KATIHAR ======================================================
1. Ram Jee Yadav son of Late Kameshwar Yadav
2. Shiv Jee Yadav son of Late Arjun Yadav
3. Pintu Yadav
4. Santu @ Mantu Yadav @ Sentu Yadav Both sons of Shiv Jee Yadav
5. Bikash Yadav @ Budhwa Yadav
6. Ram Kumar Yadav
7. Tunnu Yadav @ Tuntun Yadav 5, 6 and 7 are sons of Lakir Chand Yadav
8. Lakhan Yadav son of Hardeo Yadav
9. Nakul Yadav son of Bhagwan Yadav, All, except petitioner no. 9, residents of village- Mohanadih, P.S.- Barari, District- Katihar. Petitioner no. 9, resident of village- Bakiya, P.S. Barari, DistrictKatihar .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rajendra Prasad Sah, Advocate For the Opposite Party : Mr. Dasrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Manihari P.S. Case No. 177 of 2015 for the offences instituted under Sections 147, 148, 149, 341, 323, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case in short is that the informant has alleged that the petitioners and other co-accused persons entered into the Kamat of the informant. Co-accused Vikram Yadav made a firing from his rifle which passed through just by the side of his
Patna High Court Cr.Misc. No.11026 of 2016 (2) dt.25-04-2016 temple and did not hit him. However, he fell down. The other persons said to have assaulted him with the butt of the rifle and further alleged that the accused persons looted away some articles including cattle food, Rs.10,000/- and a mobile from his Kamat. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. No specific injuries are attributed against the petitoners. General and omnibus allegation has been made. Except for one injury, other injuries are simple in nature.
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 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 Manihari P.S. Case No. 177 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Saba Alam, Judicial Magistrate, Ist Class, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T