Babunand Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39666 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Babunand Yadav, Son of Bhikhari Yadav,
2. Mantu Yadav Son of Babunand Yadav,
3. Raj Kumar Yadav @ Raj Kumar Son of Babunand Yadav,
4. Rahul Yadav @ Rahul Kumar Son of Uma Shankar Yadav,
5. Jatashankar Yadav, Son of Parass Yadav, All are R/o Gola Ghat, Dumari, P.S.- Yogapatti, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend arrest in connection with Yogapatti P.S. Case No. 32 of 2017 registered under Sections 147, 148, 149, 323, 324, 325, 307, 386, 380, 354 of the Indian Penal Code and section 3⁄4 of the Prevention of Witch Practices Act. Submission is that petitioners are quite innocent and have committed no offence as alleged in the F.I.R. Further submission is that petitioners have falsely been implicated in this case due to ulterior motive.
Learned A.P.P. appearing on behalf of the State
Patna High Court Cr.Misc. No.39666 of 2017 (8) dt.19-12-2017 2/2 opposed the prayer of the petitioner nos. 1 and 5 by contending that there is specific allegation against them and witnesses have also supported the prosecution version in different paragraphs of the case diary. Hence, they do not deserve anticipatory bail. Having considered the facts and circumstances of the case, prayer of the petitioner nos. 1 and 5 is rejected and at the same time, prayer of the petitioner nos. 2, 3 and 4 is allowed. Let the above named petitioners nos. 2, 3 and 4 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-II, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 32 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J) Shailendra/- U T