Guleshwar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36037 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Guleshwar Yadav, Son of Banaras Yadav

2. Kamlesh Yadav, Son of Banaras Yadav

3. Chhote Yadav, Son of Banaras Yadav

4. Banaras Yadav, Son of Ramdhari Yadav

5. Binay Yadav, Son of Late Raghu Yadav All are resident of village Maluka Bigha, P.S. Warisaliganj, District Nawada .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sheo Kumar Prasad For the Opposite Party : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 308 and 379/34 of the Indian Penal Code.

There is allegation of demand of ransom and commission of assault against the petitioners. Except petitioner no. 3 Chhote Yadav, others have got criminal antecedent which would be evident from paragraph 3 of the bail petition. In the circumstances, I am not inclined to enlarge on anticipatory bail to any of the petitioners save and except, petitioner no. 3 against whom there is no specific allegation and

Patna High Court Cr.Misc. No.36037 of 2017 (3) dt.21-09-2017 2 /2 there is no mention of criminal antecedent.

Let the petitioner no. 3, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/successor Court in connection with Warsaliganj Police Station Case No. 85 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Accordingly, this application is disposed of. (Birendra Kumar, J) Kundan/- U T