Mithun Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.33460 of 2017 (2) dt.25-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33460 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -BARARI District- KATIHAR ======================================================
1. Mithun Yadav Son of Shankar Yadav,
2. Savin Yadav Son of Jai Kant Yadav @ Jai Kant Prasad Yadav,
3. Rita Devi W/o Jagdish Chauhan, All Resident of Village- Ghuski, P.S.- Barari, District- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barari Police Station Case No. 75 of 2017, disclosing offences under Sections 302/34 of the Indian Penal Code. Learned Counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. The main allegation of assault on the chest of the wife of informant with iron rod is attributed to co-accused Jagdish Chauhan with the help of one Sikandar Chauhan, which is evident from the F.I.R. itself. Therefore, no specific case is made out against
Patna High Court Cr.Misc. No.33460 of 2017 (2) dt.25-07-2017 these petitioners. Hence, the petitioners, who are innocent, deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate-V, Katihar, in connection with Barari Police Station Case No. 75 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T