Rakesh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43165 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rakesh Yadav, Son of Late Sukhal Yadav,
2. Sikandar Sah @ Sikhandar Sah Son of Thudur Sah @ Sukhari Sah Both are Resident of Village-Banjariya, P.S. Malahi, District-East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Govindganj/Malahi P.S. Case No. 17/2017, disclosing offences under Sections 341, 323, 387, 504, 506, 427, 307 and 34 of the Indian Penal Code and sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
The allegation is that the petitioners were demanding 'Rangdari' from the informant. While the informant was engaged in soil filling work with his J.C.B. machine, allegedly they opened fire aiming at the wheels of the J.C.B. because of which the wheels got bursted.
Learned counsel appearing on behalf of the petitioners submits that they have no criminal antecedent. He further submits
Patna High Court Cr.Misc. No.43165 of 2017 (2) dt.21-09-2017 2/2 that they were in fact protesting against use of J.C.B. machines for execution of work in MGNREGA which is to be executed by engaging manual labour. In reaction to the petitioners protest, the F.I.R. has been registered. It has further been submitted that injuries have been found to be simple in nature. Considering the facts and circumstances and submission of the parties, 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Ist, Motihari, East Champaran in connection with Govindganj/Malahi P.S. Case No.
17/2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vinita/- U T