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Patna High CourtCR. MISC./3360/2017bail granted

Arun Kumar Yadav And ANR v. State Of Bihar And ANR

2017-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3360 of 2017 Arising Out of PS.Case No. -3575(C), Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Arun Kumar Yadav

2. Rajesh Ranjan @ Balak Both are sons of Akleshwari Prasad Yadav Both are resident of village Khopaiti, P.S.Sour Bazar, Distt. Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rupesh Kumar Yadav, son of Balkishore Yadav, resident of village Barsam, P.S. Sour Bazar, Distt. Saharsa.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Section 386/34 of the Indian Penal Code.

From the complaint case it appears that on the date of occurrence the complainant proceeded from his house to Saharsa with cash of Rs.45,000/- for purchasing pumping set by his motorcycle but due to non availability of better quality of pump set he was returning home with one Anoj Yadav and when he reached at the place of occurrence, the accused persons surrounded, stopped his motorcycle and on the point of three nut

Patna High Court Cr.Misc. No.3360 of 2017 (2) dt.06-02-2017 2/2 snatched the key of motorcycle and demanded ransom and assaulted. It is alleged that on the order of petitioner No. 1, petitioner No. 2 snatched cash amount of Rs.45,000/- from him and also snatched valuable ornaments.

It has been submitted that a Criminal Case has been filed by the petitioner No. 1 against the informant and others bearing Saur Bazar P.S. Case No. 285 of 2015 on 7.8.2015 and the instant case has been filed after seven days of filing of that case as counter blast. There is no recovery of any amount from possession of the petitioners.

Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Complaint Case No. 3575(C) of 2015, shall be released on anticipatory 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 S. Das, learned Judicial Magistrate, 1st Class, Saharsa, subject to the conditions as laid down under Section 438

(2) Cr. P.C.

S.Ali/- (Sanjay Priya, J) U T