Ram Awadh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52602 of 2018 Arising Out of PS.Case No. -170 Year- 2018 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Ram Awadh Yadav, S/o Putti Yadav,

2. Ram Gahan Yadav, S/o Putti Yadav

3. Praduman Yadav, S/o Ram Gahan Yadav, All resident of villageNarsihpur, P.S. Chainpur, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Ms. Kiran Kumari Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of a petty issue of grazing the straw, the dispute arose and resultantly, the accused persons surrounded the informant and assaulted him by means of LathiDanda. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is no allegation of assault against petitioner Nos. 1 & 2. The allegation of assault is

Patna High Court Cr.Misc. No.52602 of 2018 (3) dt.09-10-2018 against Praduman Yadav (petitioner No. 3), Bimlesh Yadav and Indrajeet Yadav.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. There is allegation of assault against petitioner No. 3 including other co-accused. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner No. 3. Accordingly, prayer for anticipatory bail of the petitioner No. 3 is rejected. So far petitioner Nos. 1 & 2 are concerned, tet the petitioner Nos. 1 & 2, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 170 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T