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Patna High CourtCR. MISC./56517/2018bail granted

Ashok Kumar @ Ashok Yadav And ORS v. The State Of Bihar

2018-11-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56517 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- AKBARPUR District- Nawada ======================================================

1. Ashok Kumar @ Ashok Yadav, Son of Suresh Yadav,

2. Deepak Kumar @ Deepak Yadav, Son of Suresh Yadav,

3. Samsom Chaudhary, S/o Kamal Chaudhary,

4. Suresh Yadav, Son of Late Mohan Yadav,

5. Dhananjay Giri @ Dhanjay Giri Son of Ramji Giri,

6. Kaushal Giri, Son of Rajendra Giri, All are residents of VillageParto Karhari, Police Station- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2018 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 147/148/149/323/324/307/337/354/379/427/504/506 of the Indian Penal Code and Section 4 of the POCSO Act. The prosecution case is that in course of celebration of Holikadahan, 50 persons surrounded the prosecution party and mercilessly assaulted with different weapons. Submission is that the petitioners have got no criminal antecedent. No specific overt-act is alleged against the petitioners and similarly situated co-accused Ram Bilash

Patna High Court Cr.Misc. No.56517 of 2018(3) dt.30-11-2018 2/2 Chaudhary and others have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.60218 of 2018.

Considering the aforesaid facts, let the petitioners, above named, in the event of their 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 bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Special (P) No.14/18 (POCSO-05/18), arising out of Akbarpur Police Station Case No.51 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T